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

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

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Filed 03/14/2006

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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.

STIPULATED MOTION FOR MODIFICATION OF DEADLINE FOR DE E D N ' F N A TS R S O S T P AN IFSMO I NF RS MMA YJ D ME TA DFOR E P N E O L ITF ' TO O U R U G N N EXTENSION OF DEADLINE FOR REPLY BRIEFS

Plaintiff William R. Cadorna ("lni ) and Defendant City and County of Pa t " if f D n e ( ee d n"hereby jointly move by stipulation for extension of the deadline for e v r" fn a t D ) Defendant'Response t Pa t 'Mac 1 2 0 s o lnis rh , 0 6Motion for Partial Summary if f Judgment from March 21, 2006 to and including March 28, 2006 AND extension of the deadline for Reply Briefs by Plaintiff and Defendant from April 12, 2006 to and including April 21, 2006. As grounds for this Stipulated Motion, the Parties state: 1. The parties have not previously requested extension of the deadlines for

briefs in response or reply to their respective motions for summary judgment. 2. Discovery ended on February 6, 2006. Trial of this action is scheduled for

seven days commencing June 19, 2006. The Final Pretrial Conference before

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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. On March 1, 2006, both parties filed Motions for Summary Judgment.

T eC ut t c D fn a t Moi fr u h o rs u k ee d n' t n o S mmay u g n due to its length, but r s o r J d me t permitted Defendant to re-file a shorter Motion for Summary Judgment on March 8, 2006. 4. Plaintis e p n et D fn a t Mac 8 2 0 Moi fr u f R s o s o ee d n' rh , 0 6 t n o S mmay f ' s o r

Judgment is due March 28, 2006. 5. D fn a t R s o s t Pa t 'Mac 1 2 0 Moi fr at l ee d n' e p n e o lnis rh , 0 6 t n o P ra s if f o i

Summary Judgment is due March 21, 2006. 6. Because the Pretrial Conference is on April 12, 2006, and the parties

h v b e i ome b teMa irt J d e c a es h t Pretrial Conference ae e nn r d yh f g t e u g ' h mb r ta the sa s cannot be postponed, the parties must also file their Pretrial Order on or before April 10, 2006. 7. U tPa t 'c mp n nc s a a s S fw y I (D.Colo. Civil Action ni lnis o a i a e g i t ae a ,nc. l if f o n

No. 04-cv-01434-REB-CBS) settled in December, 2005, that action was scheduled to go to trial on March 27, 2006. 8. Atrh t a es t d Pa t 'c u s l eemi d b s du o te f ta c s et , lnis o n e d tr n , a e p n h n e l e if f e

existing discovery deadlines and work demands, that he could safely schedule a vacation with his family around his twin, 14 year-o d u hesSpring break, which l a g tr' d commences March 25 and ends April 3, 2006. At a cost of well over $3,000.00, Pa t 'c u s l uc a e n n lnis o n e p rh s d o -refundable air tickets and accommodations permitting if f

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him to take his wife and children on a long-promised vacation to an overseas location they have long wanted to visit, leaving the States on Monday, March 27, 2006 and returning late in the evening on Monday, April 10, 2006. Thiss tpPa t 'c u s l ia r lnis o n e i if f a dh wf oin l i e d dt tk wt te d u hes e ta, nte d u hes n i i r i l n n e o a e i h i a g tr n x flo h i a g tr' s e g ay t h r l r 15th birthday, but decided they must accelerate because of the impossibility of taking so much time out of school in their first semester of high school. It could not be taken this summer because of the trial of this matter, and because of discovery and pre-trial deadlines in another case scheduled for trial in September. 9. Pa t 'c u s l as l pa to e w o ei o ie t lnis o n e i o rct n r h s n me s x if f s e i i c remely modest

by any standards, let alone those for someone with his credentials and experience. Despite his reluctance at this point in his career to become embroiled in extensive lg t no b h l f lni o a y n e e Pa t 'c u s l a actively pursued i ai n e a o Pa t r n o e l , lnis o n e h s t o i f if f s if f tia doh r a e o Pa t 'b h l o agenerously modest fee basis) rather than h n te c s s n lnis e a (n s if f f see Plaintiff left without any recourse for Defendant'a t n .It would work a great s co s i injustice, and financial hardship, o Pa t 'c u s l n n lnis o n e a dhis family to be forced to if f abandon their upcoming vacation, or the large sum of money they have invested in it, a fr e p n h n frh ma y o dd e s lni'c u s l a d n fr lni. s ut r u i me to te n g o e d Pa t s o n e h s o e o Pa t h s if f if f 10. ID fn a tist R s o s t Pa t 'Mo for Partial Summary f ee d n f i e p n e o lnis tion l s e if f

J d me t nMac 2 , 0 6(ota Pa t 'R p Bi w u b d eA r 5, ug no rh 1 2 0 s h t lnis e l r f o l e u pi ) if f y e d l Plaintiff will not have any time available to prepare a Reply Brief before his departure from the country on March 27. In addition to attending to oh r lnsmatr, te ce t i ' t s e Pa t 'c u s l s d v t h fl t ni t pe ai tePer l re a d lnis o n e mu t e oe i u at t n o rp r g h rta O d r n if f s l e o n i

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Pa t 'R s o s t D fn a t Moi fr u lnis e p n e o ee d n' t n o S mmay u g n b fr h if f s o r J d me t eoe i s departure. As it is, completing just those two tasks by March 27 will be "h ln i " c ae g g. l n 11. If ted a lefr ee d n'R s o s t Pa t 'Moi fr at l h e dn o D fn a t e p n e o lnis t n o P ra i s if f o i

S mmay u g n ie tn e t Mac 2 , lni'c u s l in t u r J d me t x d d o rh 8 Pa t s o n e wl o have enough s e if f l time available after his return to the States on the evening of April 10 to prepare and file a Reply Brief by the resulting fifteen-day deadline: April 12, 2006. Unless the requested extensions are granted, Plaintiff will be foreclosed as a practical matter from filing a Reply Brief. 12. 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 ih v virtually no pi 7 Pa t s o n e wl a e l if f l t t d v t t Pa t 'R p Bi u tA r 1 . i o e oe o lnis e l r f ni pi 8 me if f y e l l 13. D fn a t c u s l a also long planned to be on vacation from Friday, ee d n' o n e h s s

March 24, 2006 to Monday, April 3, 2006. His schedule is likewise very full, and will during the week before his departure necessarily be devoted to, among other things, pe aai o tePer l re i c o eai wt Pa t 'c u s l n pe aai rp rt n fh rta O d rn o p rt n i lnis o n e a d rp rt n o i o h if f , o o D fn a t R s o s t Pa t 'Moi fr at l u f ee d n' e p n e o lnis t n o P ra S mmay u g n. s if f o i r J d me t 14. Pa t a re ta a e tn i o D fn a t d a lefri gi lni ge s h t n x s n f ee d n' e dn o fn t if f e o s i l s i

Response t Pa t 'Moi fr at l u o lnis t n o P ra S mmay u g n wl o pe d ePa t , if f o i r J d me t in t rj i lni l uc if f PROVIDED that the deadline for Reply Briefs by both parties is extended as requested herein, to Friday, April 21, 2006. If this honorable Court denies extension of the Reply Brief deadline to April 21, 2006, or at least some date well after April 12, Plaintiff must respectfully request ta D fn a t erq i df i R s o s t Pa t 'Moi fr h t ee d n b e u e i t e p n e o lnis t n o r l s e if f o

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Summary Judgment by no later than March 21, 2006, so that Plaintiff may have it b fr h f s iR s o s t D fn a t Moi fr u eoe e i h e p n e o ee d n' t n o S mmay u g n, and l s e s o r J d me t possibly incorporate his Reply Brief concerning his own Motion into his Response Brief c n en gD fn a t Moi . o c ri ee d n' t n n s o 15. 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, so long as all requested extensions are granted. WHEREFORE, good cause having been shown, Plaintiff and Defendant respectfully request that this honorable Court grant extension of the deadline for Defendant'R s o s t Pa t 'Mac 1 2 0 s e p n e o lnis rh , 0 6Motion for Partial Summary if f Judgment from March 21, 2006 to and including March 28, 2006, in conjunction with extension of the deadline for Reply Briefs by Plaintiff and Defendant from April 12, 2006 to and including April 21, 2006. DATED this 14th 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

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/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 14th day of February, 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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