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

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

Document 71

Filed 03/01/2006

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 EXCEED THE TWENTY PAGE LIMIT FOR THE CITY AND COUNTY OF DENVER'S MOTION AND BRIEF FOR SUMMARY JUDGMENT

The Defendant, City and County of Denver (hereafter "Denver"), by and through its undersigned counsel, respectfully request 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, Denver states as follows: D.C.COLO.LCivR 7.1 Certification 1. As required by D.C.COLO.LCivR 7.1, the Defendant has attempted to

contact Plaintiff's counsel concerning this motion but has been unable to speak with counsel Defendant left a voice message advising Plaintiff's counsel of its intent to file this motion.

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

Document 71

Filed 03/01/2006

Page 2 of 4

2.

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

and Brief in Support of Motion for Summary Judgment. 4. The Plaintiff's complaint names the City and County of Denver and

includes three claims. The Defendant addresses all three claims in its motion. To fairly address each of the three claims including multiple legal arguments on each claim, assert the relevant undisputed facts, discuss the appropriate legal standard nd discuss some procedural history of the case, the Defendants motion and brief, combined, will exceeds the Court's page limitations. 5. The Practices Standards for this Court limits 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 as

well. Id.; D.C.COLO.LCivR 56.1; and F.R.Civ.. P. Rule 56 (c). In this Court, 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). (emphasis supplied). In this Court, 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.")

2

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

Document 71

Filed 03/01/2006

Page 3 of 4

7.

In this particular case, the Defendant believes that it would be unfairly

prejudiced by the twenty-page limitation. WHEREFORE, the Defendant' respectfully requests the entry of an Order permitting Defendant to submit its motion and opening brief for summary judgment that is in excess of twenty (20) pages and shall not exceed 43 pages. Respectfully submitted this 1st 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 71

Filed 03/01/2006

Page 4 of 4

CERTIFICATE OF SERVICE (CM/ECF) I hereby certify that on March 1, 2006, I electronically filed the foregoing DEFENDANT'S MOTION FOR LEAVE TO EXCEED THE TWENTY PAGE LIMIT FOR THE CITY AND COUNTY OF DENVER'S 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

G:\PM_DOCS\JWESOKY\MOTIONS\

4