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

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

Document 78

Filed 03/02/2006

Page 1 of 4

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 FILE MOTION FOR SUMMARY JUDGMENT AND BRIEF IN SUPPORT THEREOF OUT OF TIME AND IN EXCESS OF PAGE LIMITATION

The Defendant, City and County of Denver (hereafter "Defendant"), by and through its undersigned counsel, respectfully requests leave to file a motion for summary judgment and brief in support thereof out of time and 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 spoken with

Plaintiff's counsel concerning this motion. Said counsel has stated that he "is not authorized to agree to this motion." 2 On March 1, 2006, the date on which dispositive motions in this matter

were due, Defendant filed a Motion to Exceed this Court's Twenty Page Limit for

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

Document 78

Filed 03/02/2006

Page 2 of 4

Summary Judgment Motions and Briefs in Support with its Motion for Summary Judgment and Brief in Support Thereof. 3. By Order dated March 2, 2006, the Court denied said motion for not

adequately complying with D.C. COLO.L.Civ. R. 7.1.A and to state good cause to extend the page limits. The Court also noted that the Brief filed was not in compliance with this Court's Practice Standard V.H.3.b formatting requirements 4. Defendant seeks leave of Court to file a Motion for Summary Judgment

and Brief in Support by March 8, 2006 and in conformance with this Court's Civil Practice Standard V.H.3.b 5. Defendant's motion and brief, now stricken was timely filed and attempted

to address all issues raised in Plaintiff's Second Amended Complaint which was some 35 pages in length. Said motion and brief was filed in good faith in an attempt to provide the Court with appropriate factual and legal argument with citation of legal authority for summary judgment purposes. Plaintiff's three claim complaint involved more than just three separate claims. Plaintiff claimed two different employment actions were discriminatory on the basis of age and disability and made two claims for due process violations, one based on a liberty interest and one on a property interest. 6. Defendant believes that it would further the interests of justice if Defendant

were permitted to submit a summary judgment motion and brief out of time so that the Court could address the legal issues in this matter. Both parties believe that several of the issues in this case can be resolved as matters of law as many of the facts are not disputed.

2

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

Document 78

Filed 03/02/2006

Page 3 of 4

7.

Defendant is hopeful that it could file a summary judgment motion and

brief by Monday, March 6, 2006, but as a matter of caution Defendant seeks until March 8, 2006, because undersigned counsel has a hearing scheduled on March 7, 9 and 10 for which he must prepare as well as preparing a motion and brief in this case if this motion is granted. 8. In an abundance of caution Defendant requests that if leave be given to

file the motion and brief out of time that the Court grant leave to exceed the 20 page limitation by 10 pages because of the number of claims and because the Defendant has multiple legal arguments directed at each claim which will require explication. WHEREFORE, the Defendant respectfully requests the entry of an Order permitting Defendant to submit its motion and opening brief for summary judgment out of time no later than March 8, 2006, and in excess of 20 pages but no more than 30 pages. Respectfully submitted this 2nd 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

3

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

Document 78

Filed 03/02/2006

Page 4 of 4

CERTIFICATE OF SERVICE (CM/ECF) I hereby certify that on March 2, 2006, I electronically filed the foregoing DEFENDANT'S MOTION FOR LEAVE TO FILE MOTION FOR SUMMARY JUDGMENT AND BRIEF IN SUPPORT THEREOF OUT OF TIME AND IN EXCESS OF PAGE LIMITATION 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

G:\PM_DOCS\JWESOKY\MOTIONS\

4