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

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

Document 153

Filed 01/27/2006

Page 1 of 3

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 04-1099-JLK-DLW WOLF CREEK SKI CORPORATION, INC., Plaintiff, v. LEAVELL-McCOMBS JOINT VENTURE, d/b/a THE VILLAGE AT WOLF CREEK, Defendant. ______________________________________________________________________________ UNOPPOSED MOTION FOR EXTENSION OF TIME FOR DEFENDANT TO PRODUCE DOCUMENTS TO PLAINTIFF

Defendant, Leavell-McCombs Joint Venture d/b/a The Village at Wolf Creek ("Defendant"), through its undersigned counsel, hereby respectfully submits this Unopposed Motion for Extension of Time for Defendant to Produce Documents to Plaintiff, and as grounds therefore, Defendant states as follows: 1. 2. No trial date has been set in this matter. On December 22, 2005 the parties filed their Joint Motion Seeking Order Setting

Deadline to Complete Depositions, Produce Documents, Setting Despositive Motions Deadline and Setting Pretrial Conference (the "Joint Motion"). The Joint Motion was granted by this Court on January 5, 2006 setting a deadline of January 30, 2006 for Defendant to Produce documents to Plaintiff 3. Due to the volume of documents Defendant's counsel has received, reviewed and

sent to be copied, Defendant will not be able to meet the aforementioned deadline.

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

Document 153

Filed 01/27/2006

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4.

Accordingly, Defendant hereby requests an additional seven (7) days to produce

documents to Plaintiff up to and including February 6, 2006. 5. Pursuant to D.C.Colo.LCivR Local Rule 7.1(A), undersigned counsel has

conferred with opposing counsel regarding the relief requested herein. Opposing counsel has indicated that he will not oppose this Joint Motion.

WHEREFORE, Defendant respectfully requests entry of the proposed Order filed herewith granting the requested extension of time.

Respectfully submitted this 27th day of January, 2006.

[Pursuant to Rule 121, the signed original is on file at MORIARTY LEYENDECKER PC] /s/ Sally P. Berg ____________________ Sally P/ Berg MORIARTY LEYENDECKER PC Telephone: (713) 528-0700 Facsimile: (713) 528-1390 E-mail: [email protected] Attorney for Defendant

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

Document 153

Filed 01/27/2006

Page 3 of 3

CERTIFICATE OF SERVICE I hereby certify that on January 27, 2006, I electronically filed the foregoing this Unopposed Motion for Extension of Time for Defendant to Produce Documents to Plaintiff with the Clerk of the Court using the CM/ECF system which will send notification to the following email addresses: Andrew R. Shoemaker, Esq. HOGAN & HARTSON LLP 1470 Walnut Street, Suite 200 Boulder, CO 80302 Facsimile: 720-406-5301 Email: [email protected] George V. Berg BERG HILL GREENLEAF & RUSCITTI LLP 1712 Pearl Street Boulder, CO 80302 Facsimile: (303) 402-1601 Email: [email protected] Kim A. Tomey BERG HILL GREENLEAF & RUSCITTI LLP 1712 Pearl Street Boulder, CO 80302 Facsimile: (303) 402-1601 Email: [email protected] James R. Moriarty Sally P. Berg MORIARTY LEYENDECKER PC 1327 Spruce Street Suite 200 Boulder, Colorado 80302 Facsimile: (713) 528-1390 Email: [email protected] Email: [email protected]

/s/ Sally P. Berg

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