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

Case 1:04-cv-01271-EWN-BNB

Document 260

Filed 02/16/2007

Page 1 of 4

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 04-cv-1271-EWN-BNB PATRICK M. HAWKINSON, Plaintiff, v. JAMES A. MONTOYA, in his individual and official capacities, R. LYNN KEENER, ROBERT SCRANTON, and ESTATE OF OPAL WILSON, Defendants. ______________________________________________________________________________ DEFENDANT MONTOYA'S MOTION FOR EXTENSION OF TIME TO RESPOND TO PLAINTIFF'S VERIFIED MOTION FOR SUMMARY JUDGMENT RE: DEFENDANT JAMES A. MONTOYA ______________________________________________________________________________ Defendant James A. Montoya, by and through his counsel, Awilda R. Marquez, Esquire, of Hall & Evans, L.L.C., hereby moves this Court for an extension of time of two months, or up to and including April 26, 2007, to respond to Plaintiff's Verified Motion for Summary Judgment Re: Defendant James A. Montoya. In support thereof, Defendant Montoya states as follows: Plaintiff filed his First Amended and Supplemented Prisoner Complaint on June 28, 2006. On June 30, 2006, Defendant Montoya filed a Motion to Dismiss the Complaint. On July 18, 2006, the Court stayed pretrial proceedings, including discovery, pending its decision on Defendant Montoya's Motion to Dismiss. On August 14, 2006, while Defendant Montoya's Motion to Dismiss was pending, Plaintiff filed a Verified Motion for Summary Judgment. On

Case 1:04-cv-01271-EWN-BNB

Document 260

Filed 02/16/2007

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September 7, 2006, the Court granted Defendant Montoya's Motion to Stay Briefing on Plaintiff's Verified Motion for Summary Judgment Pending Determination of Defendant's Qualified Immunity. On February 5, 2007, the Magistrate Judge issued his Recommendation that Defendant Montoya's Motion to Dismiss be granted in part and denied in part. On the same day, the Court ordered Defendant Montoya to respond to Plaintiff's Motion on or before February 26, 2007. In order to respond to Plaintiff's Verified Motion for Summary Judgment, Defendant Montoya requests that the stay regarding pretrial proceedings that was issued on July 18, 2006, be lifted and that he be permitted to conduct discovery, including a deposition of Plaintiff. In

addition, Defendant Montoya will require time to obtain state court records regarding Plaintiff's criminal conviction for fraud and other documents in order to respond properly to the Motion for Summary Judgment. Finally, because Plaintiff is a prisoner incarcerated at the Sterling

Correctional Facility, the scheduling of discovery may encounter scheduling difficulties. For these reasons, Defendant Montoya estimates that an additional two months will be necessary to prepare a response to Plaintiff's Motion for Summary Judgment. Pursuant to D.C.Colo.L.CivR 7.1.A, Plaintiff is a prisoner proceeding pro se who is incarcerated. Due to the deadline associated with timely filing this Motion, there is insufficient time to write Plaintiff to confer regarding this extension and wait for his mailed response before filing this Motion. As a result, his position on this Motion is unknown. Pursuant to D.C.Colo.L.Civ.R. 6.1.D, counsel certifies that a copy of this Motion has been sent to all Defendants and the pro se Plaintiff.

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Case 1:04-cv-01271-EWN-BNB

Document 260

Filed 02/16/2007

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For the foregoing reasons, Defendant Montoya asks that the Court extend his time to respond to Plaintiff's Motion for Summary Judgment up to and including April 26, 2007, and for such further relief as the Court deems fit. Dated this 16th day of February, 2007. s/ Awilda R. Marquez Awilda R. Marquez #33063 of Hall & Evans, LLC 1125 - 17th Street, Suite 600 Denver, CO 80202 Telephone: 303-628-3367 Fax: 303-628-3368 E-Mail: [email protected] ATTORNEYS FOR DEFENDANT JAMES A. MONTOYA

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Case 1:04-cv-01271-EWN-BNB

Document 260

Filed 02/16/2007

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CERTIFICATE OF SERVICE (CM/ECF) I HEREBY CERTIFY that on this 16th day of February, 2007, I mailed a true and correct copy of the foregoing DEFENDANT MONTOYA'S MOTION FOR EXTENSION OF TIME TO RESPOND TO PLAINTIFF'S VERIFIED MOTION FOR SUMMARY JUDGMENT RE: DEFENDANT JAMES A. MONTOYA, with the Clerk of Court using the CM/ECF system, which will send notification of such filing to the following e-mail addresses: Robert J.M. Scranton, Esq. 231 East Vermijo Avenue Colorado Springs, CO 80903 E-mail: [email protected] And I hereby certify that on this 16th day of February, 2007, I have mailed or served the foregoing document to the following non-CM/ECF participant in the manner (mail, handdelivery, etc.) indicated by the non-participant's name: Patrick M. Hawkinson, #62702 (via U.S. Mail, postage prepaid) Sterling Correctional Facility P.O. Box 6000 - SCF Sterling, CO 80751 Case Manager for Patrick Hawkinson (via U.S. Mail, postage prepaid) #62702 Sterling Correctional Facility P.O. Box 6000 - SCF Sterling, CO 80751 James A. Montoya c/o Cathie Holst Legal Services Department of Corrections 2862 South Circle Drive Colorado Springs, CO 80906 s/ Karen E. Reynolds, Secretary Awilda R. Marquez, Esq. Hall & Evans, LLC 1125 - 17th Street, Suite 600 Denver, CO 80202 Telephone: 303-628-3367 Fax: 303-628-3368 E-Mail: [email protected] Attorneys for Defendant James A. Montoya -4-