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

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

Document 45

Filed 12/22/2005

Page 1 of 4

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO

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

Plaintiff

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

Defendants.
GEOSYNTEC' S UNOPPOSED MOTION FOR EXTENSION OF TIME TO RESPOND TO PLAINTIFF' S FIRST SET OF INTERROGATORIES AND REQUESTS FOR PRODUCTION

Defendant GeoSyntec Consultants , Inc. , formerly GeoServices , Inc.
("GeoSyntec ) moves the Court for an extension of time , to and including January 13

2006 , within which to serve its responses and/or objections to Plaintiff's First Set of
Interrogatories and Requests for Production of Documents in the above-captioned
matter. In support thereof ,

GeoSyntec states as follows:

CERTIFICATE OF COMPLIANCE WITH D.

COLO. LCivR 7. 1(A)

Undersigned counsel hereby certifies that she conferred with Plaintiff's counsel

regarding the relief requested herein. Plaintiff's counsel indicated that Plaintiff does not
oppose this Motion.

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

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Filed 12/22/2005

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On November 30 , 2005 , Plaintiff served his First Set of Interrogatories and

Requests for Production of Documents (the " Discovery Requests ) on GeoSyntec via

hand delivery. Accordingly, GeoSyntec s responses are due on December 30 2005.
Plaintiff's claims against GeoSyntec are based on work performed by

GeoSyntec at the Summitville Mine twenty years ago. (Am. CampI. at ~~ 26- 29.
Consequently, the witnesses with knowledge of relevant facts are no longer employed
by GeoSyntec , and are located throughout the country. For these reasons , and the

unavailability of certain witnesses due to the approaching holidays , GeoSyntec requires
additional time to complete its responses to the Discovery Requests. GeoSyntec requests a two-week extension of time , to and including
January 13 , 2006 ,

within which to respond to Plaintiff's Discovery Requests. Discovery

in this case is in its early phases , and does not close until March 30 , 2006. Therefore

granting the requested extension will not delay the progress of this case , or cause any
prejudice to Plaintiff.
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.

WHEREFORE , Defendant GeoSyntec Consultants , Inc. respectfully requests an
order granting it an extension of time , to and including January 13 , 2006 , within which to

serve responses and/or objections to Plaintiff's First Set of Interrogatories and Requests

for Production of Documents.

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

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Filed 12/22/2005

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Respectfully submitted this 22nd day of December , 2005.

s/

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 45 Filed 12/22/2005 Page 4 of 4

CERTIFICATE OF SERVICE
I hereby certify that on December 22 , 2005 , I electronically filed the foregoing

Unopposed Motion for Extension of Time to Respond to Plaintiff' s First Set of

Interrogatories and Requests for Production with the Clerk of Court using the CM/ECF system which will send notification of such filing to the following email addresses:
Colin Christopher Deihl

cdeihl~faegre. com jsullivan~faegre. com
Michael Stephen Freeman mfreeman~faegre. com cdaniels~faegre. com dcopeland~faegre. com

Richard Kirk Mueller rmueller~fognanilaw. com cvega~fognanilaw. com
Terence M. Ridley ridley~wtklaw. com norris~wtklaw. com

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

Marian Lee Carlson carlson~wtklaw. com carpenter~wtklaw. com

and I hereby certify that a copy of the document has been served to the following nonCM/ECF 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

s/

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.