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

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

Document 166

Filed 03/10/2006

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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 SUBMIT REPLY IN SUPPORT OF EXPEDITED MOTION TO DEPOSIT FUNDS WITH COURT AND TO RELEASE SUPERSEDEAS BOND

Defendant State Farm Mutual Automobile Insurance Company ("State Farm") hereby moves this Court for entry of an Order granting a one-week extension of time, through and including March 17, 2006, within which it may submit a reply in support of its Motion to Deposit Funds with the Court. As grounds in support of this Motion, State Farm states as follows: CERTIFICATION Undersigned counsel for State Farm certifies, pursuant to D.C.COLO.LCivR 7.1(A), that she has conferred with opposing counsel regarding this motion, by telephone conversation on Thursday, March 10, 2006. Counsel for the Plaintiff, Dan Rector, does not oppose the requested relief.

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

Document 166

Filed 03/10/2006

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MOTION 1. On February 13, 2006, State Farm filed its "Expedited Motion to Deposit

Funds with Court and to Release Supersedeas Bond" (the "Motion"). 2. Plaintiff filed a response to the Motion on February 24, 2006. By his

response, Plaintiff confessed the Motion, with certain modifications.

See Plaintiff's

Response to Expedited Motion to Deposit Funds with Court and to Release Supersedeas Bond (Feb. 24, 2006) at 3, ¶ 7. 3. This Court's Minute Order of March 1, 2006 requires State Farm to submit a

reply in support of the Motion no later than today, March 10, 2006. 4. Since the time that Plaintiff filed his response on February 24, counsel for the

parties have been attempting to resolve the issue of payment of the judgment to Mr. Clark without Court intervention. 5. Based on the most recent telephone conversation of March 9, 2006, counsel

for the parties anticipate that they will be able to reach agreement regarding payment of the judgment to Mr. Clark, without the necessity of depositing the funds with the Court. The parties require, however, a few more days to finalize such an agreement. 6. If the parties are able to reach such an agreement, the reply in support of the

Motion will be unnecessary, and State Farm anticipates it would withdraw the Motion. 7. State Farm accordingly requests a brief extension of time, through and

including March 17, 2006, within which to file a reply in support of the Motion, or otherwise resolve the matter of paying the judgment to Mr. Clark.

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

Document 166

Filed 03/10/2006

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8.

No party will be prejudiced by this brief extension of time.

WHEREFORE, Defendant State Farm Mutual Automobile Insurance Company respectfully requests that the Court enter an Order granting an extension of time, through and including March 17, 2006, within which it may submit a reply in support of its Motion to Deposit Funds with the Court. Respectfully submitted this 10th day of March, 2006.

s/ Marie E. Williams Michael S. McCarthy Mark W. Fischer Marie E. Williams FAEGRE & BENSON LLP 1700 Lincoln Street, Suite 3200 Denver, Colorado 80203 (303) 607-3500 Attorneys for Defendant State Farm Mutual Automobile Insurance Company

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

Document 166

Filed 03/10/2006

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CERTIFICATE OF SERVICE I hereby certify that on this 10th day of March, 2006, I electronically filed the foregoing UNOPPOSED MOTION FOR EXTENSION OF TIME TO SUBMIT REPLY IN SUPPORT OF EXPEDITED MOTION TO DEPOSIT FUNDS WITH COURT AND TO RELEASE SUPERSEDEAS BOND with the Clerk of the Court using the CM/ECF system which will send notification of such filing to the following e-mail addresses:
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Robert Bruce Carey [email protected] [email protected] Leif Garrison [email protected] [email protected] Leo Daniel Rector [email protected] [email protected];[email protected] s/ Marie E. Williams Marie E. Williams CERTIFICATE OF SERVICE

·

·

I hereby certify that on this 10th day of March, 2006, I placed a true and correct copy of the foregoing UNOPPOSED MOTION FOR EXTENSION OF TIME TO SUBMIT REPLY IN SUPPORT OF EXPEDITED MOTION TO DEPOSIT FUNDS WITH COURT AND TO RELEASE SUPERSEDEAS BOND in the United States Mail, postage prepaid thereon, and addressed to the following: Charles E. Stuckey, Esq. State Farm Insurance Companies One State Farm Plaza, B-3 Bloomington, IL 61710-0001

s/ Marie E. Williams Marie E. Williams
DNVR1:60337470.01

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