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

Case 1:04-cv-01067-MSK-CBS

Document 90

Filed 03/22/2006

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO

04-cv-1067-REB-CBS

WILLIAM R. CADORNA, Plaintiff, v. THE CITY AND COUNTY OF DENVER, COLORADO, a Municipal Corporation, Defendant.

SECOND STIPULATED MOTION FOR EXTENSION OF SUMMARY JUDGMENT RESPONSE BRIEFS AND REPLY BRIEFS D ET D A HO P AN IFSMO H R U O E T F L ITF ' TE

Due to the unexpected death of Plaintiff William R. Cadorna'mother on s T e d y Mac 2 , 0 6 Pa t Wia R C d ra( lni"and Defendant City u s a , rh 1 2 0 , lni l m . a on " a t ) if l f i P if f and County of Den e ( ee d n"hereby jointly move by stipulation for extension of v r" fn a t D ) the deadline for Summary Judgment Response Briefs by Plaintiff and Defendant from Tuesday, March 28, 2006, to and including Friday, April 21, 2006, and extension of the deadline for Reply Briefs by Plaintiff and Defendant from Friday, April 21, 2006, to and including Tuesday, May 2, 2006. As grounds for this Stipulated Motion, the Parties state: 1. In a Stipulated Motion filed March 14, 2006, the parties jointly requested

and were granted extension of the deadlines for briefs in response or reply to their

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respective motions for summary judgment. Their Response Briefs are now due March 28, 2006, and their Reply Briefs are now due April 21, 2006. 2. Trial of this action is scheduled for seven days commencing June 19,

2006. The Final Pretrial Conference before Magistrate Judge Shaffer is scheduled for April 12, 2006 at 11:00AM. A Settlement Conference is set for May 11, 2006 at 1:30PM. 3. As stated in the previous Stipulated Motion for Extensio , lnis n Pa t ' if f

counsel has long planned to leave the country with his family on Monday, March 27, 2006, and return late in the evening on Monday, April 10, 2006. D fn a t c u s l ee d n' o n e s will be on vacation from Friday, March 24, 2006 to Monday, April 3, 2006. 4. U ttimon g Pa t 'c u s l a o t c t s n adat rta nih l s ri , lnis o n e w s n r k o e d rfPer l n if f a i

O d roD fn a t i i ten x 2 h us a dt f Pa t 'R s o s t re t ee d n wt n h e t 4 o r, n o i lnis e p n e o h l e if f D fn a t Moi fr u ee d n' t n o S mmay u g n b fr h d p r r o Mac 2 . s o r J d me t eoe i e at e n rh 7 s u Pa t 'c u sel was planning to work with Plaintiff over the course of the next several lnis o n if f d y t c mp t Pa t 'af a i n Pa t 'R s o s t D fn a t Moi . a s o o l e lnis f v a d lnis e p n e o ee d n' t n e if f i t d if f s o 5. Very early this morning, Plaintiff returned to Denver from Tucson, where

he had gone last week to assist his wife in moving her infirm mother and stepfather to Denver in order to be better able to care for them. 6. Upon his return this morning, Plaintiff learned the devastating news that

his own mother had unexpectedly passed away during his absence, on Tuesday March 21, 2006.

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7.

Plaintiff will consequently be unavailable during the next several days (and

should not as a matter of decency and respect be called upon) to assist in the completion of his Affidavit and R s o s t D fn a t Moi fr u e p n e o ee d n' t n o S mmary s o Judgment. 8. A a , lnis o n e wl eo t fh c u t f m Mac 2 until the g i Pa t 'c u s l ib u o te o nr r n if f l yo rh 7

night of April 10. Because of the Pretrial Conference on April 12, and his obligation to complete and file several tax returns on A r 1 , lni'c u s l have virtually no pi 7 Pa t s o n e will l if f time to devote to working with Plaintiff to complete Pa t 'R sponse Brief until April lnis e if f 18 or after. 9. In compliance with D.C. COLO.LCivR. 7.1(A), the undersigned certify that

they consulted with one another concerning the subject of this motion, and agree that it is in the best interests of the parties that the requested extensions be granted. WHEREFORE, good cause having been shown, Plaintiff and Defendant respectfully request that this honorable Court grant extension of: (1) the deadline for the filing of summary judgment Response Briefs by Plaintiff and Defendant from Tuesday, March 28, 2006 to and including Friday, April 21, 2006; AND (2) extension of the deadline for Reply Briefs by Plaintiff and Defendant from Friday, April 21, 2006 to and including Tuesday, May 2, 2006.

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DATED this 22nd day of March, 2006. Respectfully submitted,

/S/

Mark E. Brennan

Mark E. Brennan, P.C. P.O. Box 2556 Centennial, CO. 80161-2556 (303) 552-9394 (office) [email protected] Attorney for Plaintiff

/S/

Jack Wesoky

Jack Wesoky, Asst. City Atty. 201 W. Colfax, Dept. 1108 Denver, CO. 80202 (720) 913-3117 [email protected] Attorney for Defendant

CERTIFICATE OF SERVICE In compliance with D.C.COLO.LCivR. 6.1(D), the undersigned hereby certifies that, on this 22nd day of March, he served a copy of the foregoing Stipulated Motion on the following person(s) via electronic mail:

Mr. William R. Cadorna 5503 S. Moore Street Littleton, CO. 80127

/S/

Mark E. Brennan

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