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

Case 1:04-cv-01099-JLK-DW

Document 291

Filed 03/14/2008

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 04-cv-1099-JLK-DLW WOLF CREEK SKI CORPORATION, INC. Plaintiff(s), v. LEAVELL-MCCOMBS JOINT VENTURE D/B/A THE VILLAGE AT WOLF CREEK Defendant(s). ______________________________________________________________________________ DEFENDANT LEAVELL-McCOMBS JOINT VENTURE'S UNOPPOSED MOTION FOR EXTENSION OF TIME TO FILE MOTIONS IN LIMINE, OBJECTIONS TO DEPOSITION DESIGNATIONS, AND OBJECTIONS TO EXHIBITS ______________________________________________________________________________ Defendant, by and through its undersigned counsel, hereby submits the following Unopposed Motion for Extension of Time to File Motions In Limine, Objections to Deposition Designations, and Objections to Exhibits as follows: Certification of Counsel: Pursuant to D.C.Colo.L.R. 7.1, counsel for Defendant has conferred with Plaintiff's counsel who initially indicated that Plaintiff would not oppose the relief requested herein. Subsequently, Plaintiff's counsel informed the undersigned that the extension is only unopposed as to any motions in limine on which the Joint Venture conferred prior to March 14, 2008. 1. Per Minute Order dated February 21, 2008, docket # 281, this Court set a

deadline of March 14, 2008 for filings of motions in limine, objections to exhibits and objections to deposition designations.

Case 1:04-cv-01099-JLK-DW

Document 291

Filed 03/14/2008

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2.

Pursuant to section 12.e. of the Pretrial Order dated January 18, 2008,

docket # 262, written responses to motions in limine are due no later than 15 days after the motion is filed, and replies are due no later than 11 days after the response. 3. Accordingly, the current deadlines for motions in limine are as follows:

Deadline for motions is March 14, responses are due March 29, and replies are due April 9, 2008. 4. A hearing on these matters is currently set for May 8, 2008 at 10:00 a.m.

pursuant to Order dated February 20, 2008. 5. Due to the number of tasks all due at the same time, as well as the press of

other business, counsel for Defendant seeks a one-week extension of the deadline for completing these tasks, until Friday, March 21, 2008. 6. Extending the deadline by one week does not impact any other scheduled

deadlines herein other than the deadlines for responses and replies to motions in limine. In sum, the following deadlines are impacted and new deadlines proposed: Current Deadlines Motions in Limine, Objections to Deposition Designations, Objections to Exhibits Responses due Replies due 7. Proposed Deadlines

March 14, 2008 March 29, 2008 April 9, 2008

March 21, 2008 April 5, 2008 April 16, 2008

The hearing deadline of May 8, 2008 will not be impacted. And, replies

will be due to the Court approximately three weeks before the hearing.

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Case 1:04-cv-01099-JLK-DW

Document 291

Filed 03/14/2008

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8.

Opposing counsel does not oppose this extension and no party will be

prejudiced by the relief requested herein because the extension is only for one week and the hearing deadline is not impacted. WHEREFORE, Defendant, Leavell-McCombs Joint Venture respectfully request a oneweek extension of time to submit motions in limine, objections to exhibits, and objections to deposition designations. A proposed Order is attached hereto. Respectfully submitted this 14th day of March, 2008 BERG HILL GREENLEAF & RUSCITTI LLP ___s/Kim A. Tomey________ George V. Berg, Jr. Kim A. Tomey 1712 Pearl Street Boulder, CO 80302 Phone: (303) 402-1600 Fax: (303) 402-1601 Email: [email protected] [email protected] Attorneys for Defendant

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Case 1:04-cv-01099-JLK-DW

Document 291

Filed 03/14/2008

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CERTIFICATE OF SERVICE I hereby certify that on this 14th day of March, 2008, I electronically filed the foregoing DEFENDANT LEAVELL-McCOMBS JOINT VENTURE'S UNOPPOSED MOTION FOR EXTENSION OF TIME TO FILE MOTIONS IN LIMINE, OBJECTIONS TO DEPOSITION DESIGNATIONS, AND OBJECTIONS TO EXHIBITS with the Clerk of the Court using the CM/ECF system which will send notification to such filing to the following e-mail addresses, Andrew R. Shoemaker Hogan & Hartson LLP 1470 Walnut Street, Suite 200 Boulder, CO 80302 [email protected] Jim Moriarty Moriarty Leyendecker & Erben PC 1123 Spruce Street, Suite 200 Boulder, CO 80302 [email protected] Cynthia A. Mitchell Hogan & Hartson LLP 1470 Walnut Street, Suite 200 Boulder, CO 80302 [email protected] Robert D. Erben Moriarty Leyendecker & Erben PC 1123 Spruce Street, Suite 200 Boulder, CO 80302 [email protected] David Krivit Moriarty Leyendecker & Erben PC 1123 Spruce Street, Suite 200 Boulder, CO 80302 [email protected] Michael E. McLachlan McLachlan & Underell, LLC 813 Main Avenue, Suite 308 Durango, CO 81301 [email protected]

___s/Linda D. Smith_______________

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