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

Case 1:04-cv-01107-REB-CBS

Document 60

Filed 04/14/2006

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO

Case No. 04-cv-1107-REB-CBS ELIZABETH MEDINA, Individually as mother of and as Personal Representative of the Estate of LUCAS de HERRERA, et al., Plaintiffs, vs. BOARD OF COUNTY COMMISSIONERS, ALAMOSA COUNTY, COLORADO, in both their individual capacities; et al., Defendants.

MOTION FOR EXTENSION OF TIME TO FILE BILL OF COSTS

Defendants, BOARD OF COUNTY COMMISSIONERS OF ALAMOSA COUNTY, SHERIFF DAVID STONG, UNDERSHERIFF JOHN BIANCA, SGT. RON GOODMAN, DEPUTY LISA BENEVIDEZ and CORPORAL GARY THOMAS, by and through their attorneys, Jonathan A. Cross, and Sean J. Lane of CROSS & LIECHTY, P.C., hereby move this Honorable Court for a three-day extension of time, through and including Wednesday, April 19, 2006, in which to file their Bill of Costs in this action and, as grounds therefor, state as follows: CERTIFICATION Pursuant to D.C.COLO.L.CIV.R. 7.1, counsel for Defendants attempted to confer with Plaintiffs' counsel concerning this Motion on April 14, 2006; however, Defendants have been unable to speak with said counsel as of the filing of this Motion and, therefore, cannot state Plaintiffs' position.

Case 1:04-cv-01107-REB-CBS

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1.

On April 4, 2006, this Court entered its Order Granting Motion for Summary

Judgment in favor of said Defendants and against the Plaintiffs. In said Order, the Court awarded the Defendants their costs. 2. On April 4, 2006, this Court also entered its Judgment affirming the dismissal of

Plaintiffs' claims and awarding Defendants its costs. 3. Based upon the Order and Judgment, Defendants' Bill of Costs is due to be filed

on or before April 14, 2006. 4. Plaintiffs and Defendants have been engaged in settlement discussions regarding

award of costs granted by the Court in its April 4, 2006 Order and Judgment. However, due to the press of business and out-of-office obligations, defense counsel was unable to confer with an individual bearing settlement authority on behalf of Defendants until April 14, 2006 and has subsequently been unable to reach Plaintiffs' counsel to discuss the parties' positions as of the filing of this Motion. Therefore, additional time is required in which to conclude such

negotiations and/or reach an agreement on the issue. 5. Defendants request a three-day extension of time, through and including

Wednesday, April 19, 2006, in order to fully explore the proposal by the Plaintiffs regarding settlement of the costs award entered by this Court in its Order and Judgment and, if no settlement is reached, to file their Bill of Costs. The interests of justice would be well served by the granting of the requested extension so as not to unduly burden this Court with the filing of the Bill of Costs pleading and associated documents should a settlement be agreed to among the parties.

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Case 1:04-cv-01107-REB-CBS

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Respectfully submitted this 14th day of April, 2006.

By:

s/_____Sean J. Lane_________________________ Jonathan A. Cross Sean J. Lane CROSS & LIECHTY, P.C. 400 So. Colorado Blvd., Suite 900 Denver, Colorado 80246 Tel: (303) 333-4122 Email: [email protected] ATTORNEYS FOR DEFENDANTS

CERTIFICATE OF SERVICE I hereby certify that on this April 14, 2006, a true and correct copy of the above and foregoing MOTION FOR EXTENSION OF TIME was, unless otherwise indicated, filed with the Clerk of the Court using the CM/ECF system which will send notification of such filing to the following: David A. Lane, Esq. Marcel Krzystek, Esq. KILLMER, LANE & NEWMAN, LLP 1543 Champa Street, Suite 400 Denver, Colorado 80202 (Via Electronic Filing) Stefani Goldin, Esq. STEFANI GOLDIN LLC 125 S. Howe Street, Suite 890 Fort Collins, Colorado 80521 (Via Electronic Filing) Board of County Commissioners, Alamosa County c/o Paul Motz, Esq. Law Offices of Pearson & Motz, LLC 410 San Juan Ave. Alamosa, CO 81101 (Via U. S. Mail)

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Sheriff David Stong Undersheriff John Bianca Sgt. Ron Goodman Deputy Lisa Benavidez Corporal Gary Thomas c/o Alamosa County Sheriff's Office 1315 17th St. Alamosa, CO 81101 (Via U.S. Mail) s/ Linda L. DeVico

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