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

Case 1:04-cv-01275-OES-PAC

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Filed 08/31/2005

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO

Civil Action No. 04-cv-01275-OES-PAC ______________________________________________________________________________ CRAIG D. SYRIE, Plaintiff, v. MAYOR ED TAUER, COUNTY, CITY COMMISSIONERS ­ JOHN AND JANE DOES, AURORA POLICE CHIEF ­ JOHN AND JANE DOE SERGEANT GRAHAM, OFFICER HIRTLE, OFFICER ZIUS, and OFFICER SLOAN, Defendants. ______________________________________________________________________________ DEFENDANTS' MOTION TO EXTEND DISPOSITIVE MOTIONS DEADLINE ______________________________________________________________________________

Defendants, by their counsel, Julia A. Bannon, and pursuant to D.C. COLO. L. CIV. R. 6.1, hereby respectfully submit their Motion to Extend Dispositive Motions Deadline and as grounds therefor, state as follows: Certificate of Compliance Plaintiff is a pro se prisoner, and, therefore, counsel was unable to contact him regarding this motion.

1.

There is no trial date set in this matter.

Case 1:04-cv-01275-OES-PAC

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2.

Plaintiff is a pro se prisoner who was incarcerated at the Arapahoe County

Detention Facility at the time he filed his Complaint. 3. The Court originally set the discovery cut-off in this case for March 1, 2005, and

later extended it to April 1, 2005, on Plaintiff's Motion. 4. Defendants served their First Set of Discovery to Plaintiff, consisting of six (6)

requests for admission, five (5) interrogatories and two (2) requests for production of documents on January 14, 2005, by mail at the Arapahoe County Detention Facility. See Exhibit "A." 5. Defendants set the Plaintiff's deposition for February 24, 2005, at the Arapahoe

County Detention Facility. 6. Shortly before the deposition was to occur, the undersigned counsel was informed

that Plaintiff had been transferred to the Colorado Department of Corrections Diagnostic Center in Denver, Colorado. 7. personnel. 8. Upon arrival at the Diagnostic Center for the deposition, the undersigned counsel The deposition was re-scheduled for the same date with the Diagnostic Center

was informed that Plaintiff was en route to the Colorado Territorial Corrections Center in Canon City, Colorado. Counsel learned thereafter that Plaintiff had been moved to the Crowley County Correctional Facility. 9. On June 10, 2005, the Court granted Defendants' Motion to Extend Discovery and

Dispositive Motion Deadline to July 31, 2005, and August 31, 2005, respectively.

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Case 1:04-cv-01275-OES-PAC

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10.

Because Plaintiff was moved so many times, Defendants were not able to

determine if he actually received their First Set of Discovery until they took his deposition, and, therefore, did not file a Motion to Compel earlier. During his deposition held on July 11, 2005, Defendant finally acknowledged that he had received the First Set of Discovery and stated that he would be sending documents responsive to the document requests. See Exhibit "B," pp. 26, l. 24 ­ 46, l. 19. 11. To date, Defendants have not received any responses to the discovery nor any

further communication from Plaintiff. 12. 13. Plaintiff has not sought an extension of time to respond to the discovery. Defendants are unable to file a comprehensive dispositive motion until they have

received and evaluated Plaintiff's responses to their discovery requests. 14. 15. Defendants are filing a Motion to Compel contemporaneously with this motion. Because no trial date is currently set, and there will be no prejudice to any party

by the granting of this motion, the interests of justice and judicial economy weigh in favor of granting this motion. WHEREFORE, Defendants respectfully seek an Order extending the dispositive motions deadline of ninety (90) days, up to and including November 30, 2005, in order to give the Court an opportunity to rule on their Motion to Compel and the Plaintiff an opportunity to respond to the First Set of Discovery.

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Dated: August 31, 2005. s/ Julia A. Bannon___________________ Julia A. Bannon Office of the City Attorney Aurora Municipal Center, Suite 5300 15151 East Alameda Parkway Aurora, Colorado 80012 Telephone: (303) 739-7030 Facsimile: (303) 739-7042 E-mail: [email protected] ATTORNEY FOR DEFENDANTS

CERTIFICATE OF SERVICE I hereby certify that on August 31, 2005, I electronically filed the foregoing with the Clerk of Court using the CM/ECF system and I hereby certify that I have mailed the Defendants' Motion to Extend Dispositive Motions Deadline to the following non CM/ECF participant: Craig D. Syrie Reg. No. 64393 Crowley County Correctional Facility 6564 Highway 96 Olney Springs, CO 81062

s/ Cindy Selden
F:\Dept\City Attorney\CA\JULIE\Syrie\extdispmtn.doc

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