Free Motion for Leave to File Excess Pages - District Court of Colorado - Colorado

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

Document 80

Filed 03/08/2006

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 04-cv-1067-REB-CBS WILLIAM R. CADORNA, Plaintiff, v. CITY AND COUNTY OF DENVER, COLORADO, a municipal corporation, Defendant. DEFENDANT'S MOTION FOR LEAVE TO EXCEED TWENTY PAGE LIMIT FOR MOTION AND BRIEF FOR SUMMARY JUDGMENT

The Defendant, City and County of Denver (hereafter "Defendant"), through its undersigned counsel, respectfully requests leave to file a motion for summary judgment and supporting brief exceeding the Court's twenty (20) page limit for such motions and briefs. AS GROUNDS THEREFORE, Defendant states as follows: D.C.COLO.LCivR 7.1 Certification 1. As required by D.C.COLO.LCivR 7.1, the Defendant has contacted

Plaintiff's counsel concerning this motion who advised that he is not authorized to agree to this motion.

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2.

The Defendant is filing with this motion its Motion for Summary Judgment

and Brief in Support of Motion for Summary Judgment. 3. The Practices Standards for this Court limit the combined total number of

pages for motions and supporting briefs for summary judgment to twenty (20) pages. See REB Civ. Practice Standard V.H.3 (a). ("Motions and responses shall not exceed twenty (20) pages.") 6. In addition to filing an opening brief, the Defendants must file a motion.

Id.; D.C.COLO.LCivR 56.1; and F.R.Civ.. P. Rule 56 (c). A Rule 56 motion shall include: a) "the party having the burden of proof; b) each element (which must be proved); c) every material undisputed or admitted fact (in proof of such element) and its location in the record; and d) the required material facts for which the respondent has the burden of proof that cannot be established (with references to the record where appropriate.))" See REB Civ. Practice Standard V.H.3 (b) (1) (a-d). The motion is included in the twenty page limit on opening briefs. See REB Civ. Practice Standard V.H.3 (a). ("These page limitations [on the opening brief] shall include the motion for summary judgment.") 7. Defendant, following this Court's Practice Standards for formatting

motions and briefs for summary judgment and utilizing the font required by the Court for motions and briefs, has attempted to limit the motion and brief to as few pages as possible but still provide the Court with the necessary undisputed material facts with appropriate record cites, legal authority and argument but has been unable to reduce the motion and brief to 20 pages. Defendant has reduced the brief eleven pages by

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reformatting pursuant to the Court's Practice Standards and eliminating some argument and facts. 8. Because there are multiple arguments directed at Plaintiff's claims and

there are multiple claims, age discrimination, disability discrimination and denial of due process of law, each of which rests on some different facts as well as different legal arguments, Defendant has been unable to reduce its brief and motion to 20 pages or fewer. Defendant's motion is two pages and brief is 29 pages. 9. Defendant does not believe that Plaintiff will be prejudiced if the Court

allows Defendant to exceed the page limit by filing a two page Motion for Summary Judgment and 29 page Brief in support, WHEREFORE, Defendant' respectfully requests an Order permitting it to submit its motion and opening brief for summary judgment in excess of 20 pages and not to exceed 31 pages. Respectfully submitted this 8th day of March, 2006. Jack M. Wesoky Assistant City Attorney s/ Jack M. Wesoky Jack M. Wesoky Assistant City Attorney Denver City Attorney's Office 201 W. Colfax Ave., Dept. 1108 Denver, CO 80202-5332 Telephone: 720-913-3100 Fax: 720-913-3190 E-Mail: [email protected] Attorney for Defendant City and County of Denver

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CERTIFICATE OF SERVICE (CM/ECF) I hereby certify that on March 8, 2006, I electronically filed the foregoing DEFENDANT'S MOTION FOR LEAVE TO EXCEED TWENTY PAGE LIMIT FOR THE MOTION AND BRIEF FOR SUMMARY JUDGMENT with the Clerk of Court using the CM/ECF system which will send notification of such filing to the following e-mail addresses: Mark E. Brennan [email protected] and I hereby certify that I have mailed the document to the following non CM/ECF participants in the manner indicated by the non-participant's name: Interoffice mail to: Manager Alvin LaCabe, Jr. Manager of Safety Department of Safety 1331 Cherokee St. Denver, CO 80204 Chief Larry Trujillo Department of Safety Denver Fire Department 745 W. Colfax Denver, CO 80204

s/ Marilyn Barela Marilyn Barela, Legal Secretary Office of the Denver City Attorney

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