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

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

Document 161

Filed 07/14/2006

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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, and JENELLE BORDEN, in their individual capacities, Defendants. ______________________________________________________________________________ MOTION FOR EXTENSION OF TIME TO SUBMIT REPLY IN SUPPORT OF MOTION TO DISMISS FROM DEFENDANT MONTOYA ______________________________________________________________________________ Defendants James A. Montoya and Jenelle Borden, by and through counsel, Hall & Evans, L.L.C., hereby move the Court for an extension of time up through and including July 19, 2006, in which to submit their Reply in Support of Motion for Summary Judgment, and as grounds therefore state as follows: 1. 2. The deadline for filing a Reply in Support of Motion to Dismiss is July 17, 2006. The lead attorney for Defendants Montoya and Borden, Awilda R. Marquez, Esq.,

is currently recovering from surgery. 3. The undersigned has been assigned the case and is currently reviewing the file in

preparation for drafting the Reply in Support of Motion to Dismiss.

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

Document 161

Filed 07/14/2006

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4.

The undersigned has scheduling conflicts, including preparing for trial in Wallin

v. Alfaro, et. al., United States District Court, District of Colorado, Civil Action No. 03cv281WDM-MJW. Trial is set for July 24, 2006. 5. Accordingly, Defendants respectfully request a two-week extension, up to and

including July 31, 2006, to file their Reply in Support of Motion to Dismiss. 7. 8. This short extension of time will not prejudice Plaintiff herein. Pursuant to D.C. Colo. LR 7.1(c), a copy of this Motion for Extension of Time

has been served upon Defendants and Plaintiff, as indicated on the certificate of mailing. 9. Pursuant to D.C.Colo.LCivR 7.1(A), the undersigned is required to confer with Due to Plaintiff's incarceration within the Department of

Plaintiff, who is proceeding pro se.

Corrections, the undersigned was unable to confer with him concerning this motion. WHEREFORE, Defendants respectfully request an extension of time, up to and including July 31, 2006, to file their Reply in Support of Motion to Dismiss in this matter. Dated this 14th day of July 2006.

Respectfully submitted,

s/ Edmund M. Kennedy___ Awilda R. Marquez, Esq. Edmund M. Kennedy, Esq. Hall & Evans, L.L.C. 1125 - 17th Street, Suite 600 Denver, CO 80202-2052 Phone No.: 303-628-3300 Fax No.: 303-628-4227 [email protected] [email protected] ATTORNEYS FOR DEFENDANT MONTOYA

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

Document 161

Filed 07/14/2006

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CERTIFICATE OF MAILING I HEREBY CERTIFY that on the 14th day of July 2006, I mailed a true and correct copy of the foregoing MOTION FOR EXTENSION OF TIME TO SUBMIT REPLY IN SUPPORT OF MOTION TO DISMISS FROM DEFENDANT MONTOYA, 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 Montoya c/o Cathie Holst Legal Services Department of Corrections 2862 South Circle Drive, Suite 400 Colorado Springs, CO 80906-4122

s/ Leslie Grauberger, Secretary Awilda R. Marquez, Esq. Edmund M. Kennedy, Esq. Hall & Evans, L.L.C. 1125 - 17th Street, Suite 600 Denver, CO 80202-2052 Phone No.: 303-628-3300 Fax No.: 303-628-4227 [email protected] [email protected] ATTORNEYS FOR DEFENDANT MONTOYA

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