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

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

Document 165

Filed 11/17/2006

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 04-cv-1263-PSF-MEH ROBERT M. FRIEDLAND, Plaintiff, v. TIC ­THE INDUSTRIAL COMPANY and GEOSYNTEC CONSULTANTS, INC. f/k/a GEOSERVICES, INC., Defendants. ______________________________________________________________________________ TIC ­THE INDUSTRIAL COMPANY' UNOPPOSED MOTION FOR EXTENSION S OF TIME TO RESPOND TO PLAINTIFF' MOTION TO SUPPLEMENT THE S RECORD REGARDING DEFENDANT TIC ­THE INDUSTRIAL COMPANY' S MOTION FOR SUMMARY JUDGMENT ______________________________________________________________________________ Defendant TIC ­The Industrial Company (" TIC" by and through its undersigned ), counsel, respectfully moves this Court for an extension of time, to and including November 29, 2006, to respond to Plaintiff' Motion to Supplement the Record Regarding Defendant TIC' s s Motion for Summary Judgment. As grounds for this motion, TIC states the following: CERTIFICATE OF COMPLIANCE WITH D.C.COLO.LCivR 7.1(A) Undersigned counsel hereby certifies that all counsel have conferred regarding the deadline at issue in this Motion. No party opposes the deadline of November 29, 2006 to submit a response to Plaintiff' Motion to Supplement the Record regarding Defendant TIC' Motion s s for Summary Judgment. 1. On October 27, 2006, Plaintiff filed his Motion to Supplement, seeking to add

exhibits and excerpts from several depositions to his Response in Opposition to Defendant TIC' s

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

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Motion for Summary Judgment. Plaintiff filed his Response in Opposition to Defendant TIC' s Motion for Summary Judgment on January 10, 2006. 2. On October 30, 2006, Plaintiff filed two dispositive motions, a Motion for

Summary Judgment Regarding Plaintiff' CERCLA Liability and a Motion and Memorandum s for Partial Summary Judgment That Mr. Friedland' CERCLA Response Costs for Government s Directed Remediation Were Consistent With the National Contingency Plan. Responses to these motions are due on November 29, 2006. 3. TIC requires additional time to prepare its response to the Motion to Supplement,

and the parties have agreed that responses to all three motions filed by Plaintiff shall be submitted by the same deadline, November 29, 2006. 4. Pursuant to D.C.Colo.LCivR6.1(D), undersigned counsel has served a copy of

this Motion on TIC' client representative, Colin Reid, and on all counsel of record as reflected s in the certificate of service below. WHEREFORE, Defendant TIC respectfully requests an order granting an extension of time, to and including November 29, 2006, to respond to Plaintiff' Motion to Supplement the s Record Regarding Defendant TIC' Motion for Summary Judgment. s

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Respectfully submitted this 17th day of November, 2006.

s/Colin C. Deihl Colin C. Deihl Faegre & Benson LLP 3200 Wells Fargo Center 1700 Lincoln Street Denver, CO 80203 Telephone: (303) 607-3651 FAX: (303) 607-3600 E-mail: [email protected] Delmar R. Ehrich Faegre & Benson LLP 2200 Wells Fargo Center 90 South Seventh Street Minneapolis, Minnesota 55402 Attorneys for Defendant TIC ­The Industrial Company

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

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CERTIFICATE OF SERVICE I hereby certify that on this 17th day of November 2006, a true and correct copy of the foregoing DEFENDANT TIC ­THE INDUSTRIAL COMPANY' UNOPPOSED MOTION S FOR EXTENSION OF TIME TO RESPOND TO PLAINTIFF' MOTION TO SUPPLEMENT S THE RECORD REGARDING DEFENDANT TIC ­THE INDUSTRIAL COMPANY' S MOTION FOR SUMMARY JUDGMENT was electronically filed via Electronic Case Filing (ECF) with the United States District Court for the District of Colorado and served electronically on the following:

John D. Fognani, Esq. R. Kirk Mueller, Esq. Lauren C. Buehler, Esq. Fognani & Faught, PLLC 1700 Lincoln Street, Suite 2222 Denver, Colorado 80203 Terence M. Ridley, Esq. Wheeler Trigg Kennedy LLP 1801 California St., Suite 3600 Denver, Colorado 80202-2617 Paul J. Sanner, Esq. Hanson, Bridgett, Marcus, Vlahos & Rudy, LLP 333 Market Street, Suite 2100 San Francisco, California 94105-2173 Colin D. Reid Vice President/General Counsel TIC Holdings, Inc. 2211 Elk River Road P.O. Box 774848 Steamboat Springs, CO 80477 VIA E-MAIL

s/ Jan Sullivan

fb.us.1670078.01