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

Case 1:04-cv-01263-REB-KLM

Document 66

Filed 02/14/2006

Page 1 of 4

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO

Civil Action No. 04-cv- 1263- PSF- MEH
ROBERT M. FRIEDLAND

Plaintiff

TIC - THE INDUSTRIAL COMPANY and GEOSYNTEC CONSULTANTS , INC. flk/a GEOSERVICES , INC.

Defendants.
GEOSYNTEC' S MOTION FOR SECOND EXTENSION OF TIME TO FILE REPLY IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT

Defendant GeoSyntec Consultants , Inc. , formerly GeoServices , Inc.
("GeoSyntec ) moves the Court for a second extension of time , to and including
February 22 , 2006 , within which to file a reply to Plaintiff's Response in Opposition to
Defendant GeoSyntec s Motion for Summary Judgment in the above-captioned matter.
In support thereof , GeoSyntec states:

CERTIFICATE OF COMPLIANCE WITH D.

COLO. LCivR 7. 1(A)

Undersigned counsel hereby certifies that she contacted Plaintiff's counsel to

confer regarding the extension requested herein. However , counsel has not yet
received a return call from Plaintiff's counsel , indicating whether Plaintiff opposes this

additional extension.

).
Case 1:04-cv-01263-REB-KLM Document 66 Filed 02/14/2006 Page 2 of 4

On November 18 , 2005 , GeoSyntec filed a Motion for Summary Judgment

(the " Motion ) arguing that based on undisputed facts , GeoSyntec is entitled to

judgment as a matter of law. With agreement from undersigned

counsel ,

Plaintiff was

granted two extensions of time , to January 10 , 2006 , within which to file a response to
the Motion.

On January 10 , 2006 , Plaintiff filed his Response in Opposition to

Defendant GeoSyntec s Motion for Summary Judgment (the " Response

Comprised

of 41 pages of text and 88 exhibits , the Response is voluminous and alleges many new

facts that had not previously been articulated by Friedland , in either his pleadings or
responses to discovery requests.
Pursuant to D.

Colo. LCivR 7. 1 (C), GeoSyntec s reply to the Response

was originally due on January 25 , 2006. Through an unopposed motion filed on
January 18 , 2006 ,

GeoSyntec requested a three-week extension of time , to February

, 2006 , within which to file the reply.

GeoSyntec requires additional time to obtain affidavits from certain out of

state witnesses and complete its reply. Accordingly, GeoSyntec requests an additional
extension of one week , to and including February 22 2006 , within which to file its reply

to the Response.
Pursuant to D.

Colo. LCivR 6. 1 (D), undersigned counsel has served a

copy of this Motion on GeoSyntec s client representative , Paul Sanner , and on all
counsel of record as reflected in the certificate of service below.

Case 1:04-cv-01263-REB-KLM

Document 66

Filed 02/14/2006

Page 3 of 4

WHEREFORE Defendant GeoSyntec Consultants , Inc. respectfully requests an
order granting it an extension of time , to and including February 22 , 2006 , within which

to file a reply to Plaintiff's Response in Opposition to Defendant GeoSyntec s Motion for

Summary Judgment.

Respectfully submitted this 14th day of February, 2006.

sf

Marian L. Carlson Marian L. Carlson
Terence M. Ridley
Wheeler Trigg Kennedy

LLP

1801 California Street , Suite 3600 Denver, CO 80202- 2617 Telephone No. : 303-292-2525 Telecopier No. : 303- 294- 1879 Mail: carlson~wtklaw. com

Attorneys for Defendant GeoSyntec

Consultants , Inc.

()
Case 1:04-cv-01263-REB-KLM Document 66 Filed 02/14/2006 Page 4 of 4

CERTIFICATE OF SERVICE
I hereby certify that on February 14 , 2006 , I electronically filed the foregoing

Motion for Second Extension of Time to Respond to Plaintiff's First Set of
Interrogatories and Requests for Production with the Clerk of Court using the CMfECF system which will send notification of such filing to the following email addresses:
. Lauren C. Buehler

Ibuehler~fognanilaw. com cvega~fognanilaw. com
. Marian Lee Carlson

Steven Matthew Kelso kelso~wtklaw. com hand~wtklaw. com

carlson~wtklaw. com carpenter~wtklaw. com
. Colin Christopher Deihl

cdeihl~faegre. com jsullivan~faegre. com
. Michael

Kristina I. Mattson kmattson~fognanilaw. com cvega~fognanilaw. com Richard Kirk Mueller rmueller~fognanilaw. com cvega~fognanilaw. com
Terence M. Ridley ridley~wtklaw. com norris~wtklaw. com

Stephen Freeman mfreeman~faegre. com
com

cdan iels~faegre. com dcopeland~faegre
and I hereby certify that a copy of the document has been served to the following nonCMfECF participant in the manner indicated by the non- participant' s name:
Paul J. Sanner
( ) First

Counsel for GeoSyntec Consultants , Inc. Hanson , Bridgett , Marcus 333 Market Street , #2100 San Francisco , CA 94105- 2122
, Vlahos & Rudy,

Class Mail Hand Delivery

LLP

( ) Facsimile

Overnight Delivery (X) E- Mail

sf

Marian L. Carlson by Cindy Carpenter
LLP

Marian L. Carlson
Wheeler Trigg Kennedy

1801 California Street , Suite 3600

Denver, CO 80202- 2617
Telephone No. : 303-244- 1800
Telecopier No. : 303- 244- 1879

Mail: carlson~wtklaw. com
Attorney for Defendant GeoSyntec Consultants , Inc.