Free Motion for Leave - District Court of Colorado - Colorado

Case 1:04-cv-01264-LTB-PAC

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Filed 04/24/2006

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UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 04-cv-01264-LTB-OES MARY M. HULL, Plaintiff, v. UNITED STATES DEPARTMENT OF LABOR, Defendant.

DEFENDANT'S MOTION FOR LEAVE TO FILE MOTION TO WITHDRAW PENDING SUMMARY JUDGMENT MOTION (Docket No. 31)

Defendant, the United States Department of Labor, through its attorneys of record, hereby moves, pursuant to Rule 6(b)(2) of the Federal Rules of Civil Procedure, for leave to file defendant's Motion to Withdraw Pending Summary Judgment Motion (Docket No. 31). Defendant is lodging with the Court concurrently with the filing of this motion defendant's Motion to Withdraw Pending Summary Judgment Motion (Docket No. 31). Good cause exists to grant defendant's motion. 1. On March 27, 2006, the U.S. Magistrate Judge assigned to this case issued

an Order stating that the deadline to file motions to withdraw pending dispositive motions is April 10, 2006. See Docket No. 40.

Case 1:04-cv-01264-LTB-PAC

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Filed 04/24/2006

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2.

On that same day, March 27, 2006, at approximately 11:15 a.m.,

defendant's undersigned counsel's wife gave birth to undersigned counsel's daughter. 3. Defendant's undersigned counsel was not at work on March 27, 2006, and

he remained out of work for the next two and a half weeks. Undersigned counsel's daughter's health, and the need to take care of his wife and two-year-old son, necessitated that undersigned counsel stay at home during that time to care for his family. 4. 5. Undersigned counsel returned to work on Thursday, April 13, 2006. Defendants' undersigned counsel is lodging with the Court, concurrently

with the filing of this motion, defendant's Motion to Withdraw Pending Summary Judgment Motion (Docket No. 31). WHEREFORE, defendant respectfully requests that it be permitted to file, on April 24, 2006, its Motion to Withdraw Pending Summary Judgment Motion (Docket No. 31). /// ///

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Case 1:04-cv-01264-LTB-PAC

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Filed 04/24/2006

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Dated this 24 th day of April, 2006. WILLIAM J. LEONE Acting United States Attorney

s/ Michael C. Johnson Michael C. Johnson Assistant United States Attorney 1225 Seventeenth Street, Suite 700 Denver, Colorado 80202 Telephone: (303) 454-0134 FAX: (303) 454-0408 E-mail: [email protected] Counsel for Defendant

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Case 1:04-cv-01264-LTB-PAC

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Filed 04/24/2006

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CERTIFICATE OF SERVICE I hereby certify that on this 24 th day of April, 2006, I electronically filed the foregoing document with the Clerk of the Court using the CM/ECF system, which will send notification of such filing to the following CM/ECF participant:

Counsel for Plaintiff: Curtis L. Kennedy 8405 E. Princeton Avenue Denver, Colorado 80237-1741

s/ Michael C. Johnson Michael C. Johnson Attorney for Defendant United States Attorney's Office 1225 Seventeenth Street, Suite 700 Denver, Colorado 80202 Telephone: (303) 454-0134 FAX: (303) 454-0408 E-mail: [email protected]

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