Free Motion for Leave - District Court of Colorado - Colorado

Case 1:04-cv-01258-LTB-BNB

Document 92

Filed 06/27/2005

Page 1 of 4

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO

Civil Action No. 04-C1258 (BNB) STUDENT MARKETING GROUP, INC., Plaintiff, v. COLLEGE PARTNERSHIP, INC., f/k/a COLLEGE BOUND STUDENT ALLIANCE, INC., Defendant. ______________________________________________________________________________ MOTION FOR LEAVE TO FILE RESPONSE TO PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT OUT OF TIME ______________________________________________________________________________ Defendant College Partnership, Inc. ("College Partnership"), by and through its counsel, Burg Simpson Eldredge Hersh & Jardine, P.C., hereby moves for leave to file Defendant's Response to Plaintiff's Motion for Summary Judgment after the expiration of the deadline. In support of this Motion, Defendant states as follows: CERTIFICATE OF COMPLIANCE Pursuant to D.C. COLO. LCivR. 7.1, undersigned counsel for Defendant conferred with counsel for Plaintiff on June 27, 2005 regarding the relief requested in this Motion. Counsel for Plaintiff opposes the request.

Case 1:04-cv-01258-LTB-BNB

Document 92

Filed 06/27/2005

Page 2 of 4

MOTION 1. Defendant filed its Response to Plaintiff's Motion for Summary Judgment on June 1, 2005. Through inadvertance, this response was filed after the May 16, 2005 deadline for filing the response brief. 2. Pursuant to Fed. R. Civ. P. 6(b), the Court may extend the time for filing a response brief after the deadline upon a showing of excusable neglect. 3. The Court should excuse Defendant's late filing because of excusable neglect for the reasons stated in Defendant's Response to plaintiff's Motion to Strike filed contemporaneously with this Motion. 4. Granting this motion will not unduly delay this matter, nor will it prejudice any party. Defendant already filed its Response Brief on June 1, 2005. Accordingly, Plaintiff may file its Reply Brief at any time, and the Court may issue a ruling forthwith at the convenience of the Court. 5. Pursuant to Local Rule 6.1(D), a copy of this Motion is being served on all counsel of record and the moving party's client. WHEREFORE, Defendant respectfully requests that the Court accept Defendant's response to Plaintiff's Motion for Summary Judgment, filed June 1, 2005, and grant such other relief as the Court deems just.

Case 1:04-cv-01258-LTB-BNB

Document 92

Filed 06/27/2005

Page 3 of 4

DATED this 27th day of June, 2005.

Respectfully submitted, BURG SIMPSON ELDREDGE HERSH & JARDINE, P.C.

Brian K. Matise 40 Inverness Drive East Englewood, Colorado 80112 Telephone: (303) 792-5595 Facsimile: (303) 708-0527

ATTORNEYS FOR DEFENDANT COLLEGE PARTNERSHIP, INC.

Case 1:04-cv-01258-LTB-BNB

Document 92

Filed 06/27/2005

Page 4 of 4

CERTIFICATE OF SERVICE I hereby certify that on this 27th day of June, 2005, I filed and/or served a true and complete copy of the foregoing MOTION FOR LEAVE TO FILE RESPONSE TO PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT OUT OF TIME with the Clerk of the Court using the CM/ECF system which will send notification of cush filing to the following: R. Daniel Scheid, Esq. Lewis, Nmeyers & Scheid, LLC 2300 15th St., Suite 320 Denver, Colorado 80202

Patrick J. McElhinny, Esq. Dianna S. Karg, Esq. Kirkpatrick & Lockhart LLP 535 Smithfield St. Henry W. Oliver Building Pittsburgh, PA 15222 Via US Mail and Facsimile to 412-355-6501

_________________________________ Keri L. Dugan