Free Motion for Extension of Time to File Response/Reply - District Court of Colorado - Colorado

Case 1:04-cv-01070-PSF-PAC

Document 70

Filed 07/11/2005

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No.: 04-cv-1070-PSF-PAC DANNIE W. JOHNSON and MARTHA D. JOHNSON Plaintiffs, v. OVERRIGHT TRUCKING, INC., a New Mexico corporation, and ROSS A. REED, Defendants. ______________________________________________________________________________ DEFENDANTS' MOTION FOR EXTENSION OF TIME TO RESPOND TO PLAINTIFFS' MOTIONS ______________________________________________________________________________ COME NOW the Defendants, Overright Trucking, Inc., a New Mexico corporation (hereinafter "Overright") and Ross A. Reed, by and through their attorneys of record, Wittman & McCord, and for their Motion for Extension of Time to Respond to Plaintiffs' Motions, state as follows: MOTION FOR EXTENSION 1. Defendants do not object to Plaintiffs' requested motion for extension of time through on or about July 7, 2005, in which to submit/file their Motions in Limine and/or Motion to Supplement Response, and hereby consent to said extension from July 1, 2005 to July 7, 2005. Defendants do not waive any other objection they may have to the filing of said motion or motions herein. 2. While as stated in plaintiffs' motion, counsel for plaintiff did ultimately fax the subject motions and leave a phone message regarding difficulties they were having

Case 1:04-cv-01070-PSF-PAC

Document 70

Filed 07/11/2005

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with the filing of same, such was not transmitted to counsel for the defendants' office till the early morning hours of Saturday, July 2, 2005. It was not until Tuesday, July 5, 2005, that counsel for the defendants became aware that motions had been filed and/or were to be filed and counsel learned of same while out of town on depositions in Steamboat Springs and Gunnison, Colorado from July 5 to July 7 of that week. 3. Because of the delay in the filing of plaintiffs' motions, the time in which to review, analyze, and respond to same has been substantially shortened from the original time allotted by the Court for response, through and including July 12, 2005. 4. Counsel for defendants respectfully request therefore, that the Court grant defendants a corresponding extension of time in which to file their Response to the motions filed by plaintiffs, through Monday, July 18, 2005. 5. It is submitted that no party will be prejudiced hereby, and that in the interests of justice, such will allow defendants the full period of time in which to analyze and respond to the filed Motions, within time periods originally contemplated by the Court. 6. As stated above, defendants do not waive any other objection they may have to the filing of said motions

CERTIFICATE OF CONFERRAL 7. Pursuant to D.C. Colo. L Civ. R. 7.1, the undersigned counsel certify that they have conferred/attempted to confer with opposing counsel regarding the above, who is out of the office, and therefore was unavailable, prior to filing the within motion herein. 2

Case 1:04-cv-01070-PSF-PAC

Document 70

Filed 07/11/2005

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Respectfully submitted this 11th day of July, 2005. WITTMAN & McCORD

/s/ J. Bradley Hardman J. Bradley Hardman (#17122) 5825 Delmonico Drive, Suite 320 Colorado Springs, CO 80919 Telephone: (719) 590-9899 Fax: (719) 590-9984 Email: [email protected] Attorney for Defendants
Pursuant to Rule 121, § 1-26, this document has been electronically filed and a duly signed original is on file at Wittman & McCord.

CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing DEFENDANTS MOTION FOR EXTENSION OF TIME TO RESPOND TO PLAINTIFFS' MOTIONS was served via the U.S. District Court for the District of Colorado ECF Filing System, this 11th day of July, 2005, addressed to the following: Michael W. Baty, Esq. 1040 Main Avenue P.O. Box 1157 Durango, CO 81301 Randolph H. Phillips, Esq. 609 Pine Avenue P.O. Box 2303 Albany, GA 31702 __________________________________________

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