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

Case 1:04-cv-01102-RPM-BNB

Document 65

Filed 10/11/2005

Page 1 of 3

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO

Civil Action No. 04-CV-1102-RPM-BNB ______________________________________________________________________________ MINTECH STAFFING, LLC Plaintiff, v. GLOBAL WIRELESS, INC. GREGORY CASADY MELISSA CASADY and F. COOPER WARD Defendants. ______________________________________________________________________________ MOTION TO EXTEND TIME TO FILE PRE-TRIAL CONFERENCE ORDER & TO CONDUCT THE PRE-TRIAL CONFERENCE ______________________________________________________________________________ COMES NOW, the Defendant, Global Communications Consulting Group, LLC, by and through counsel, Underhill & Underhill, P.C. and hereby requests this Court grant Defendant thirty (30) days in which to file a Pre-Trial Conference Order, extend the Pre-Trial Conference by thirty (30) days, and in support hereby states as follows: CERTIFICATE OF COMPLIANCE WITH LOCAL RULE 7.1 Defendant certifies that pursuant to Local Rule 7.1 it has attempted to confer with the opposing party. The Court permitted Plaintiff's Counsel to withdraw and ordered (after a thirty (30) day extension of the original deadline) that new Counsel enter its appearance no later than October 8, 2005. No Counsel has entered an appearance. Plaintiff is now acting pro se and its listed interim representative, Sylvia Whitely, was unavailable to discuss this matter. 1. To date, Plaintiff has not obtained substitute counsel nor has any counsel entered an

2391-2-004 Mot for Ext of Time to File PTC Ord

Case 1:04-cv-01102-RPM-BNB

Document 65

Filed 10/11/2005

Page 2 of 3

appearance in this matter on behalf of Plaintiff. 2. Under Colorado law a corporation must have legal representation to prosecute a case. Woodford Mfg. Co. V. A.O.Q. Inc, 722 P.2d 652, 653-54 (Colo. App. 1988). Consequently Plaintiff cannot continue to prosecute this case nor file its Pre-Trial Order. Plaintiff has made no effort to communicate to defendant regarding the Pre-Trial Conference order. To require Defendant to file a unilateral order would be an unnecessary waste of resources and time. Defendant will continue to attempt to contact Ms. Whitely as Defendant will forthwith file a Motion to Dismiss for failure to prosecute its case.

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WHEREFORE, Plaintiff respectfully requests this Court to grant a Motion to Extend Time to file a Pre-Trial Conference Order until November 10, 2005 and to continue the pre-trial conference until November 18, 2005. Respectfully submitted this 11th day of October, 2005. UNDERHILL & UNDERHILL, P.C. /s/ Robertson B. Cohen _____________________________________ James C. Underhill, Jr., #15836 Robertson B. Cohen, #35252 5340 S. Quebec Street, Suite 306 North Greenwood Village, CO 80111 ATTORNEYS FOR DEFENDANTS GLOBAL WIRELESS, GREGORY CASADY AND MELISSA CASADY

2391-2-004 Mot for Ext of Time to File PTC Ord

Case 1:04-cv-01102-RPM-BNB

Document 65

Filed 10/11/2005

Page 3 of 3

CERTIFICATE OF SERVICE I certify that on the 11th day of October, a copy of the foregoing MOTION TO EXTEND TIME TO FILE PRE-TRIAL CONFERENCE ORDER & TO CONDUCT THE PRE-TRIAL CONFERENCE was filed by Mail, to the following: F. Cooper Ward 13005 W. 118th Terrace Overland Park, KS 66210 Sylvia Whitley 206 Longview Court Keller, TX 76248

/s/ Sarah E. Cowan
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2391-2-004 Mot for Ext of Time to File PTC Ord