Free Motion for Extension of Time to File Response/Reply - District Court of Colorado - Colorado

Case 1:00-cv-02555-JLK-BNB

Document 104

Filed 01/24/2007

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action Number: 00-cv-02555-JLK-BNB PAMELA CLIFTON, Plaintiff, v. NURSE IONA EUBANK, in her individual capacity; OFFICER ANAYA, in her individual capacity; OFFICER WILKS, in her individual capacity, Defendants. PLAINTIFF'S FIRST AND UNOPPOSED MOTION FOR EXTENSION OF TIME IN WHICH TO RESPOND TO DEFENDANTS' RENEWED MOTION FOR CERTIFICATION PURSUANT TO 28 U.S.C. § 1292(b) OF THIS COURT'S MARCH 8, 2006 ORDER Plaintiff, Pamela Clifton, by and through counsel, David A. Lane, Mari Newman, and Marcel Krzystek of KILLMER, LANE & NEWMAN, LLP, hereby requests an additional seven (7) days in which to respond to the Defendants' Renewed Motion for Certification Pursuant to 28 U.S.C. § 1292(b) of this Court's March 8, 2006 Order [95], and in support thereof states as follows: 1. On January 15, 2007, Defendants filed their Notice of Appeal [93]. On that same

date, Defendants also filed their Motion to Stay Pending Appeal on Qualified Immunity [94], and Defendants' Renewed Motion for Certification Pursuant to 28 U.S.C. § 1292(b) of this Court's March 8, 2006 Order [95]. 2. In a Minute Order [98] dated January 17, 2007, this Court Ordered Plaintiff to

respond on or before January 24, 2007.

Case 1:00-cv-02555-JLK-BNB

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3.

Plaintiff has responded to the Motion to Stay Pending Appeal on Qualified

Immunity [94] and filed a Motion to Certify Defendants' Appeal as Frivolous and/or Dilatory. 4. Plaintiff has nearly completed a response to Defendants' Renewed Motion for

Certification Pursuant to 28 U.S.C. § 1292(b) of this Court's March 8, 2006 Order [95], but will require an additional seven (7) days to do so as a result of other obligations. Specifically, lead counsel for Plaintiff today concluded an eight day felony trial in Denver captioned People v. Dana, 05-CR-10494. Furthermore, associate counsel has been occupied with numerous court appearances, including several out-of-town appearances in criminal matters (People v. Henderson, 06-CR-55, Washington County, January 19, 2007 and People v. Douglas, 06-M-660, Weld County, January 23, 2007) as well as settlement conferences in Pinkerton v. CDOT, 05-cv01533-MSK-CBS (January 22, 2007) and Anglin v. Aspen, et al., 06-cv-01592-EWN-PAC (January 23, 2007). Consequently, Plaintiff has been unable to prepare a response to Defendants' Renewed Motion for Certification Pursuant to 28 U.S.C. § 1292(b) of this Court's March 8, 2006 Order within the time allotted by the Court. However, a response can be prepared within seven days, i.e., on or before January 31, 2007. 5. Pursuant to Local Rule 7.1A, undersigned counsel hereby certifies that on January

24, 2007, he conferred with Edmund Kennedy, Esq., counsel for Defendants. Defendants do not oppose the relief requested in this motion. 6. No prior extensions of the deadline have been sought or granted, and the relief

requested will not prejudice either party. 7. As is indicated in the Certificate of Service, a copy of this Motion is served on

Plaintiff as well as opposing counsel.

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Filed 01/24/2007

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WHEREFORE, Plaintiff respectfully requests that the Court grant her a seven (7) day extension of time in which to respond to Defendants' Renewed Motion for Certification Pursuant to 28 U.S.C. § 1292(b) of this Court's March 8, 2006 Order [95]. Plaintiff requests that the deadline for filing a response be extended to January 31, 2007. Respectfully submitted this 24th day of January, 2007. KILLMER, LANE & NEWMAN, LLP s/ Marcel Krzystek ____________________________ David A. Lane Mari Newman Marcel Krzystek The Odd Fellows Hall 1543 Champa Street, Suite 400 Denver, Colorado 80202 (303) 571-1000 ATTORNEYS FOR PLAINTIFF CERTIFICATE OF SERVICE I hereby certify that on January 24th, 2007, I electronically filed the foregoing with the Clerk of Court using the CM/ECF system which will send notification of such filing to the following e-mail addresses:
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Thomas J. Lyons [email protected]; [email protected];[email protected] Edmund Martin Kennedy [email protected] [email protected];[email protected]

and I hereby certify that I have mailed or served the document or paper to the following participants in the manner (mail, hand-delivery, etc.) indicated by the non-participant's name: Vincent M. Garvey U.S. Department of Justice Civil Division, Federal Programs Branch 901 E Street, N.W., #946 Washington, DC 20530 Pamela Clifton 3

Case 1:00-cv-02555-JLK-BNB

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1550 S York St. Denver, CO 80210-2817

s/ Marcel Krzystek ________________________________

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