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

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

Document 186

Filed 08/25/2006

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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, R. LYNN KEENER, ROBERT SCRANTON, and ESTATE OF OPAL WILSON, In their individual and official capacities, Defendants. ______________________________________________________________________________ DEFENDANT MONTOYA'S MOTION FOR EXTENSION OF TIME TO RESPOND TO PLAINTIFF'S VERIFIED MOTION FOR SUMMARY JUDGMENT RE: DEFENDANT JAMES A. MONTOYA IN THE EVENT HIS MOTION TO STAY BRIEFING IS DENIED ______________________________________________________________________________ Defendant James A. Montoya, by and through his counsel, Hall & Evans, L.L.C., and Awilda R. Marquez, Esq., moves this Court fo r an extension of time of three weeks, or up to and including September 22, 2006, to file his Response to Plaintiff's Verified Motion for Summary Judgment Re: Defendant James A. Montoya in the event the Court denies his recently- filed Motion to Stay Briefing on Plaintiff's Verified Motion for Summary Judgment Pending Determination of Defendant's Qualified Immunity. A grounds therefor, Defendant Montoya s states as follows: 1. Defendant Montoya's response to Plaintiff's Motion for Summary Judgment is

current ly due on September 1, 2006. On August 22, 2006, Defendant Montoya filed a Motion to Stay Briefing on Plaintiff's Verified Motion for Summary Judgment Pending Determination of

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

Document 186

Filed 08/25/2006

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Defendant's Qualified Immunity. In the event the Court denies that Motion, Defendant Montoya respectfully requests an extension of three weeks, or up to and including September 22, 2006, to file his response with the Court. 2. The lead attorney for Defendant Montoya, Awilda R. Marquez, returned to work

from an extended medical leave of absence only on August 21, 2006. Her work schedule is not yet full time. Additional time will be needed to gather documents appropriate for a response to the Motion for Summary Judgment. 3. 4. This short extension of time will not prejudice Plaintiff. This is the first extension requested by the Defendant Montoya for his response to

the Verified Motion for Summary Judgment Re: Defendant James A. Montoya. 5. Pursuant to D.C.Colo.L.CivR 7.1.A, Plaintiff is a prisoner proceeding pro se who Due to the deadlines associated with timely filing this Motion, there is

is incarcerated.

insufficient time to write Mr. Hawkinson 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. 6. 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. WHEREFORE, for all of the foregoing reasons, Defendant Montoya respectfully requests the Court enter an Order granting him an extension of three weeks, or up to and including September 22, 2006, to file his response to Plaintiff's Verified Motion for Summary Judgment Re: Defendant James A. Montoya, and such further relief as the Court deems appropriate.

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

Document 186

Filed 08/25/2006

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Dated this 25th day of August, 2006. Respectfully submitted, s/ Awilda R. Marquez__________ Awilda R. Marquez, Esquire 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 DEFENDANTS CERTIFICATE OF MAILING I HEREBY CERTIFY that on the 25th day of August, 2006, 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 IN THE EVENT HIS MOTION TO STAY BRIEFING IS DENIED, correctly addressed, postage prepaid, in the U.S. Mail to the following: Patrick M. Hawkinson, Reg. No. 62702 Arkansas Valley Correctional Facility PO Box 1000 Crowley, CO 81034 James A. Montoya c/o Cathie Holst Department of Corrections 2862 South Circle Drive Colorado Springs, CO 80906 Robert J.M. Scranton, Esq. 231 East Vermijo Avenue Colorado Springs, CO 80903 s/ Suzanne N. Swanson, legal secretary Awilda R. Marquez 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 Defendants

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