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

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

Document 211

Filed 05/24/2007

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

UNOPPOSED MOTION FOR EXTENSION OF TIME TO RESPOND TO THE MOTION FOR CLASS CERTIFICATION

Defendant State Farm Mutual Automobile Insurance Company (" State Farm" moves the ) Court for entry of an Order granting an extension of time for it to respond to the Motion for Class Certification, until such date as the Court may order at the hearing set for June 13, 2007. As grounds in support of this Motion, State Farm states as follows: CERTIFICATION Counsel for State Farm hereby certify, pursuant to D.C.COLO.LCivR 7.1(A), that they have conferred with opposing counsel regarding the relief requested by this Motion. Counsel for Mr. Clark have indicated that they will not oppose this Motion. MOTION 1. On May 14, 2007, Plaintiff filed a Motion for Class Certification.

Simultaneously, three proposed Intervenors ­ all of whom are also represented by Plaintiff' s counsel ­filed a Motion to Intervene in this action.

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

Document 211

Filed 05/24/2007

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2.

On May 15, 2007, the Court entered an Order requiring State Farm to file its

response to the Motion for Class Certification no later than June 4, 2007. 3. On May 18, 2007, State Farm filed a Motion for Entry of a Scheduling Order. In

addition to other relief sought by that Motion, State Farm requested that the briefing on the Motion for Class Certification be deferred until after the Motion to Intervene has been decided. 4. On May 23, 2007, the Court entered an Order setting a hearing on the Motion for

Entry of a Scheduling Order, to occur on June 13, 2007. The May 23 Order did not address State Farm' request for an extension of the deadline to respond to the Motion for Class Certification. s 5. Accordingly, State Farm respectfully requests that the Court grant it an extension

of time ­ until such date as the Court may establish at the June 13 hearing ­ to respond to the Motion for Class Certification. 6. No party will be prejudiced by the granting of this motion.

WHEREFORE, Defendant State Farm Mutual Automobile Insurance Company respectfully requests that the Court enter an Order granting it an extension of time until such date as the Court may establish at the June 13, 2007 hearing. Respectfully submitted this 24th day of May, 2007.

s/ Michael S. McCarthy Michael S. McCarthy Russell O. Stewart Marie E. Williams FAEGRE & BENSON LLP 1700 Lincoln Street, Suite 3200 Denver, Colorado 80203 Phone: (303) 607-3500 Fax: (303) 607-3600

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

Document 211

Filed 05/24/2007

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E-mail: [email protected] [email protected] [email protected] ATTORNEYS FOR DEFENDANT STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY

CERTIFICATE OF SERVICE I hereby certify that on this 24th day of May, 2007, I electronically filed the foregoing UNOPPOSED MOTION FOR EXTENSION OF TIME TO RESPOND TO THE MOTION FOR CLASS CERTIFICATION with the Clerk of the Court using the CM/ECF system which will send notification of such filing to the following e-mail addresses:
· · ·

Robert Bruce Carey [email protected],[email protected] Leif Garrison [email protected],[email protected] L. Daniel Rector [email protected],[email protected]

s/ Colleen H. Russell Colleen H. Russell
fb.us.2066140.01

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