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

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

Document 118

Filed 05/24/2006

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 04-N-1271 (BNB) PATRICK M. HAWKINSON, Plaintiff, v. JAMES A. MONTOYA, and JENELLE BORDEN, in their individual capacities, Defendants. ______________________________________________________________________________ DEFENDANTS' MOTION FOR EXTENSION OF TIME TO RESPOND TO PLAINTIFF'S DISCOVERY REQUESTS ______________________________________________________________________________ Defendants James A. Montoya and Jenelle Borden, by and through their counsel, Hall & Evans, L.L.C., move this Court for a extension of time up to and including July 10, 2006, to present their responses to Plaintiff's discovery requests, and as grounds therefor, state as follows: 1. Plaintiff served Plaintiff's Interrogatories to Defendant Montoya and Request for

Admissions to Defendant Montoya on May 12, 2006. Plaintiff submitted 23 Interrogatories in his request, but with subparts, the number greatly exceeds the limitation of forty (40) set by the Court. Plaintiff submitted 38 requests for authentication of documents and forty-two (42)

admissions. Although the number of admissions is within the 100 limit set by the Court, the process of authentication of the many documents attached to the request will require extensive review of the files of the Colorado Department of Corrections. For this reason, Defendants ask for a reasonable extension of time to July 10, 2006, to submit their responses.

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

Document 118

Filed 05/24/2006

Page 2 of 3

2.

Defendants have sought no prior extensions of time with respect to Plaintiff's

discovery requests. 3. 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 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. 4. 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, Defendants respectfully request the Court to enter an Order granting them an extension of time up to and including July 10, 2006, to submit their responses to Plaintiff's discovery requests. Dated this 24th day of May, 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

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

Document 118

Filed 05/24/2006

Page 3 of 3

CERTIFICATE OF MAILING I HEREBY CERTIFY that on the 24th day of May, 2006, I mailed a true and correct copy of the foregoing DEFENDANTS' MOTION FOR EXTENSION OF TIME TO RESPOND TO PLAINTIFF'S DISCOVERY REQUESTS, 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 Jenelle Borden

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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