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

Case 1:04-cv-01219-RPM-MEH

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Filed 04/13/2007

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO

Civil Action No. 04-cv-01219-RPM-MEH MANDY MULLINS, Plaintiff, v. DIAMOND CITY, INC., Defendant. ______________________________________________________________________________ MOTION FOR EXTENSION OF TIME TO SUBMIT DISMISSAL DOCUMENTS AND MOTION FOR FURTHER SETTLEMENT CONFERENCE ______________________________________________________________________________ COMES NOW the Plaintiff, Mandy Mullins, by and through her counsel, and for her Motion states: 1. Pursuant to D.C.COLO.LCivR 7.1 Plaintiff's counsel's office has conferred with defense

counsel concerning this motion. Defense counsel does not object to an extension of time, but does object to a further settlement conference. 2. Magistrate Judge Hegarty conducted a Settlement Conference on March 15, 2007, at

which time a resolution was reached and a resolution memorandum was created. 3. Defense counsel prepared a Settlement Agreement, which contained objectionable

language, and which language had not been specifically raised at the settlement conference. Counsel for the parties conferred, and exchanged communication. It has been approximately two weeks since defense counsel has effectively communicated a further authorized position, which occurred this morning. 4. Based upon the pace of negotiations, and what may be inaccessibility of a decision maker

Case 1:04-cv-01219-RPM-MEH

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on the part of the Defendant, Plaintiff believes that in order to finalize this matter, it would be preferable that a further settlement conference be held at which individuals with full authority are ordered to appear. 5. Based upon the above described circumstances, Plaintiff's counsel is concerned that an

unduly lengthy process will be further necessitated, requiring further motions for extensions of time. WHEREFORE Plaintiff respectfully prays that the Court enter an Order extending the deadline within which to submit dismissal documents to and until three days following the occurrence of a further settlement conference at which party representatives with full authority must be present, and for such other and further relief as the Court deems appropriate. DATED this 13th day of April, 2007. Respectfully Submitted,

By: s/Andrew T. Brake Andrew T. Brake, Esq. ANDREW T. BRAKE, P.C. 777 East Girard Avenue, Suite 200 Englewood, Colorado 80113-2767 Telephone: (303) 806-9000 E-mail: [email protected] Attorney for Plaintiff

CERTIFICATE OF SERVICE The undersigned hereby certify that on this 13th day April, 2007, the above and foregoing MOTION FOR EXTENSION OF TIME TO SUBMIT DISMISSAL DOCUMENTS AND MOTION FOR FURTHER SETTLEMENT CONFERENCE was filed with the Court using the CM/ECF system, which fill send notification to counsel for Defendant, and was otherwise served as indicated hereinbelow: 2/3

Case 1:04-cv-01219-RPM-MEH

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William A. Rogers, III WOOD, RIS & HAMES, P.C. Email: [email protected] Attorney for Defendant

Mandy Mullins 7980 Antelope Ridge Point Colorado Springs, CO 80920 [email protected]

By: Andrew T. Brake

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