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

Case 1:00-cv-01854-ZLW-MJW

Document 331

Filed 12/13/2006

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 96-cv-2451-ZLW-MJW CO2 COMMITTEE, INC., et al., Plaintiffs, v. SHELL OIL COMPANY, et al., Defendants. Civil Action No. 00-cv-1854-ZLW-MJW CO2 COMMITTEE, INC., et al., Plaintiffs, v. SHELL OIL COMPANY, et al., Defendants. Civil Action No. 00-cv-1855-ZLW-MJW CO2 COMMITTEE, INC., et al., Plaintiffs, v. SHELL OIL COMPANY, et al., Defendants. Civil Action No. 00-cv-1856-ZLW-MJW CO2 COMMITTEE, INC., et al., Plaintiffs, v. SHELL OIL COMPANY, et al., Defendants. UNOPPOSED MOTION FOR ENLARGEMENT OF TIME Plaintiff CO2 Committee, Inc., hereby moves this Court for an enlargement of time in which to file its response to Defendants' Joint Motion to Deny, Transfer, or Stay CO2 Committee, Inc.'s Motion to Vacate Arbitration Award, up to and including Wednesday, December 20, 2006. By extension, Plaintiff further moves the Court for a similar enlargement

Case 1:00-cv-01854-ZLW-MJW

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with respect to Defendants' reply, such that it will be filed on or before Monday, January 8, 2007. As grounds therefore, Plaintiff states as follows: 1. Defendants filed their Joint Motion to Deny, Transfer, or Stay CO2 Committee,

Inc.'s Motion to Vacate Arbitration Award on November 29, 2006. Per the applicable procedural rules, Plaintiff's response is due on or before Monday, December 18, 2006. By this Motion, Plaintiff respectfully requests a brief, two day extension of this deadline, up to and including Wednesday, December 20, 2006. 2. Counsel for Plaintiff has just completed a two day trial in the case captioned,

Wicks v. Redstone Integrated Solutions, Inc., et al., Case No. 05-CV-4709, El Paso County District Court, Colorado. In addition, counsel for Plaintiff has been in depositions all day on Monday, December 11, 2006, and Tuesday, December 12, and will be in depositions all day on Thursday, December 14, 2006, in a case captioned Atchison v. Saddleback Mountain Development Company, Case No. 06-CV-6, Clear Creek County District Court, Colorado. Due to the time constraints imposed by the foregoing, he will not be in a position to prepare an adequate or appropriate response to Defendants' motion on behalf of Plaintiff by the present deadline of December 18, 2006. Nevertheless, he anticipates that a brief, two day extension should afford sufficient time to do so. 3. Rather obviously, neither the parties nor the Court will be unduly prejudiced by

Plaintiff's request. A two day extension, during the middle of the holidays, surely will not impact the prompt or efficient administration of justice.

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Case 1:00-cv-01854-ZLW-MJW

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4.

In conjunction with Plaintiff's requested enlargement of time, the Court should

grant a similar extension to Defendants such that their reply, if any, in support of their motion should be filed on or before Monday, January 8, 2007. 5. Pursuant to D.C.COLO.LCivR 7.1.A, counsel for Plaintiff certifies that he has

conferred with counsel for Defendants concerning this motion and is authorized to advise the Court that Defendants do not oppose the relief requested by Plaintiff. 6. Based on the foregoing, Plaintiff respectfully requests that the Court grant this

motion and enlarge the time by which it must file its response to Defendants' Motion up to and including December 20, 2006, and similarly enlarge the time by which Defendants' must file their reply in support of the motion up to and including January 8, 2007. A proposed Order to this effect is submitted with this motion. SIGNED this 13th day of December, 2006.

S/ Michael J. Heaphy ____________________________________ Michael J. Heaphy, Esq. Michael J. Heaphy, P.C. P.O. Box 1490 Vail, CO 81658 Telephone: (970) 476-2300 Facsimile: (970) 476-2301 Email: [email protected] Attorney for Plaintiff CO2 Committee, Inc.

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Case 1:00-cv-01854-ZLW-MJW

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Filed 12/13/2006

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CERTIFICATE OF SERVICE I HEREBY CERTIFY that on this 13th day of December, 2006, I electronically filed the foregoing UNOPPOSED MOTION FOR ENLARGEMENT OF TIME with the Clerk of the Court using the CM/ECF system and caused a true and correct copy of the same to be served via electronic filing system and U.S. first class mail on the following: Kent Sullivan Matthew J. Salzman Nicole M. Graham Stinson Morrison Hecker LLP 1201 Walnut Kansas City, MO 64106-2150 Andrew W. McCollam III Mark Rodriguez Vinson & Elkins LLP 2300 First City Tower 1001 Fannin Street Houston, TX 77002-6760 John F. Shepherd Holland & Hart L.L.P. 555 17th Street, Suite 3200 Denver, CO 80202 Shannon H. Ratliff Ratliff Law Firm, PLLC 600 Congress Avenue, Suite 3100 Austin, TX 78701 Brian G. Eberle Sherman & Howard, LL 633 17th Street, Suite 3000 Denver, CO 80202

S/ Michael J. Heaphy ____________________________________ Michael J. Heaphy, Esq. Attorney for Plaintiff CO2 Committee, Inc.
C:\...\MJH, PC\Clients\722\2071\CO mot for enlargement.doc

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