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

Case 1:00-cv-01841-LTB-KLM

Document 223

Filed 08/07/2007

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 00-cv-01841-LTB-KLM RICKY EUGENE CLARK, on behalf of himself and all others similarly situated, Plaintiff, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, an Illinois Corporation, Defendant

PLAINTIFF'S UNOPPOSED MOTION FOR EXTENTION OF TIME IN WHICH TO FILE REPLY IN SUPPORT OF MOTION FOR CLASS CERTIFICATION ______________________________________________________________________________ Plaintiff Ricky Eugene Clark, by and through his attorneys, the Carey Law Firm, Franklin D. Azar & Associated, PC., and Hagens Berman Sobol Shapiro LLP, and pursuant to D.C.Colo.LCivR 6.1, moves for an extension of time to file his reply in support of his motion for class certification; and in support thereof, states as follows: 1. Pursuant to D.C.Colo.LCivR 7.1A, counsel for the moving party has conferred

with opposing counsel, and this motion is unopposed by Defendant State Farm. 2. Plaintiff filed his motion for class certification with a supporting memorandum

and exhibits on May 14, 2006. The Court stayed the briefing schedule on that motion pending its resolution of the proposed intervenor-plaintiffs' motion to intervene.

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3.

After denying the motion to intervene, this Court ordered that State Farm's

response the certification motion be filed by July 26, 2007, and that Plaintiff's reply be filed by August 16, 2007. Doc. No. 220. 4. State Farm filed its response on July 26, and that reply consists of a forty-five (45)

page legal memorandum together with one-hundred and forty (140) pages of exhibits. The memorandum makes numerous and detailed factual and legal arguments. 5. Andrew Volk of Hagens Berman Sobol Shapiro drafted Plaintiffs' opening

memorandum in support of certification and is responsible for preparing Plaintiff's Reply Brief. Mr. Volk has been engaged in preparing Appellant's Reply Brief in Nelson v. Hodowal, No. 071895 (7th Cir.); Appellees' Brief came in on July 26, 2007, and the Reply is due on August 8, 2007. In addition, Mr. Volk was responsible for filings in In Re Touch America Holdings, Inc. ERISA Litigation, No. CV-02-106-BU-SEH (D. Mont.) on July 31, 2007, and on August 8, 2007, Mr. Volk is scheduled to travel to Detroit for a hearing in In re General Motors ERISA Litigation, No. 05-71085 (E.D. Mich). Mr. Volk will then attend a long-scheduled family reunion in Long Island (where family members are traveling in from Russia, Colorado and California) and will not be back in his office until after the current August 16, 2007 deadline for Plaintiff's Reply Brief. 6. Given the factual and legal intricacies of this case, and given the work and

vacation schedules at the offices of Plaintiff's counsel, counsel have been unable to find an adequate substitute to draft Plaintiff's Reply Brief.

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7.

As noted above, counsel for State Farm does not oppose the granting of this

motion to extend the time for the filing of the Reply Brief until August 30, 2007, as no previous extensions have been requested with respect to the Reply Brief. 8. No party will be prejudiced by the extension of time sought.

WHEREFORE, the Plaintiff prays for an Order of this Court, granting him an extension of time up to and including August 30, 2006, within which to file a Reply in Support of his Motion for Class Certification. Respectfully submitted this 7th day of August, 2007. . s/ Robert B. Carey Robert B. Carey Leif Garrison The Carey Law Firm 2301 East Pikes Peak Colorado Springs, CO 80909 Telephone: (719) 635-0377 L. Dan Rector Franklin D. Azar & Associates, P.C. 5536 Library Lane Colorado Springs, CO 80918 Telephone: (719) 527-8000 Andrew M. Volk Hagens Berman Sobol Shapiro LLLP 1301 Fifth Avenue, Suite 2900 Seattle, WA 98101 Telephone: (206) 623-7292 Attorneys for Plaintiff and intervenor Plaintiffs

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CERTIFICATE OF SERVICE (CM/ECF) I hereby certify that on this 7th day of August, 2007, I electronically filed the foregoing with the Clerk of the Court using the CM/ECF system which will send notification of such filing to the following email addresses: [email protected] [email protected] [email protected] s/Robert B. Carey Robert B. Carey Leif Garrison The Carey Law Firm 2301 East Pikes Peak Colorado Springs, CO 80909 Telephone: (719) 635-0377

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