Free Motion for Extension of Time - District Court of Colorado - Colorado

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

Document 202

Filed 04/25/2007

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IN THE UNITED STATES DISTRICT COURT FOR THE STATE 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.

PLAINTIFF'S UNOPPOSED MOTION FOR EXTENSION OF TIME IN WHICH TO FILE MOTION FOR CLASS CERTIFICATION

Plaintiff Ricky Eugene Clark, by and through his attorneys of record, The Carey Law Firm and Franklin D. Azar & Associates, P.C., and pursuant to D.C.Colo.LCivR 6.1, moves for an extension of time to file 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 patyt has conferred

with opposing counsel, and this motion is unopposed by counsel for Defendant State Farm. 2. Pursuant to this Court's Order dated April 9, 2007 (Doc. 199), any motions to

certify a class are due on or before May 1, 2007. 3. Plaintiff has been attempting to obtain relevant information needed for his class

certification motion, and State Farm has notified counsel for Plaintiff that it intends to provide relevant data regarding the numbers of affected pedestrians, but has now indicated that it will not

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

Document 202

Filed 04/25/2007

Page 2 of 3

be able to provide the data until some time during the week of April 30, 2007-May 4, 2007. This information was requested in Plaintiff's first set of interrogatories to Defendant, served on June 26, 2003, but has not been previously provided. 4. Given the delay that has been encountered with respect to the ongoing efforts by

State Farm to gather this important information, this critical data is not yet in Plaintiff's possession, and Plaintiff is accordingly unable to adequately prepare his motion for class certification prior to the current due date. Plaintiff therefore seeks a brief, ten-day extension of time in which to file his motion for class certification, to and including May 14, 2007. 5. No previous extensions have been requested for this purpose, no party will be

prejudiced by this brief extension of time, no other deadlines will be affected, and counsel for Defendant has indicated that it does not oppose the requested relief. WHEREFORE, the Plaintiff prays for an Order of this Court, granting him an extension of time up to and including May 14, 2007, within which to file his motion for class certification. Respectfully submitted this 25th day of April, 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 (719) 527-8000 Attorneys for Plaintiff

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

Document 202

Filed 04/25/2007

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CERTIFICATE OF SERVICE (CM/ECF) I hereby certify that on this 25th day of April, 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: [email protected] [email protected] [email protected] I additionally certify that a copy of the above and foregoing was served via U.S. Mail on: Ricky Clark 323 1st N.W. Fort Dodge, IA 50501 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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