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 12/19/2006

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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.

MOTION BY PLAINTIFF FOR E T N I NO P AN IFSR SPONSES TO X E SO F L ITF ' E D F N A T ' TO F RJ D ME TA AMA T RO L W, TO T E E D N S MO I N O U G N S T E F A MO I N O ALTER OR AMEND JUDGMENT, AND MOTION FOR NEW TRIAL

Pa t Wia R C d ra( lni ) lni l m . a on " a t "hereby moves for extension, from Friday, if l f i P if f January 5, 2007 to, and including Friday, March 9, 2006, of the deadlines for filing of his responses to all three motions filed by Defendant on December 11, 2006: D fn a t ee d n' s Motion for Judgment as a Matter of Law, D fn a t Motion to Alter or Amend ee d n' s Judgment, and D fn a t Moi fr N wTi.As grounds for this Motion, Plaintiff ee d n' t n o a e r l s o a states: 1. In compliance with D.C. COLO.LCivR. 7.1(A), the undersigned certifies

that h c n u e wt D fn a t o td c u s l e o s l d i ee d n' us e o n e concerning the subject of this t h s i motion, and ta D fn a t o td c u s l h t ee d n' us e o n e stated that his client would not agree to s i the proposed extensions.

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

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2.

Pa t 'c u s l a fr nh b e sh d l t t ao e lnis o n e h s o mo ts e n c e u d o r if f e y n -week jury

trial in a wrongful termination case commencing February 12, 2007. 3. D s i teta c ut rc n d n l f u e p e h r lo rs e e t e i o s mmayu g t i ' a r j ment on certain key d

claims, the undersigned'sincere effort to mediate that case last week failed. There is s no doubt that case will go to trial. 4. For some time, the undersigned has blocked out all but the first few days

of January to devote to completion of witness and exhibit list exchanges, preparation of the trial management order, motion practice, jury instruction preparation, witness preparation, study of extensive testimony, and all of the other extremely timeconsuming tasks that go into the best possible preparation for a lengthy jury trial. 5. Thinking that judgment in this case would be entered well before

November 28, the undersigned assumed that the many weeks he set aside this fall for the purpose of being ready, willing and able to deal with Dee d n'p s fn a t o t s -judgment motions would be adequate, and leave him plenty of time to prepare for and conduct teoh r ln'ta i F bu r. h te ce t r l e ray i si n 6. The undersigned is therefore presented with an insoluble dilemma caused

by an unfortunate concatenation of conflicting professional obligations that he sought through careful planning to avoid. 7. On the one hand, he ascribes the greatest possible importance to

protecting the extraordinarily favorable judgment Plaintiff obtained in this case, and does not wish to unduly delay resolution of this case.

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8.

On the other hand, he owes the client whose case he will try in February

the same level of dedication and devotion to her interests that he displayed in devoting tee temo t pe e i Pa t 'ta t pe ai h ni r nh rc d g lnis r l rp r gfor it. n if i o f n 9. Attempting to do both simultaneously will only ensure that he does neither

well. That is completely unacceptable. The undersigned implores this Court to do all it can to relieve the undersigned of the obligation he currently faces to severely compromise the degree of professionalism with which he can dedicate himself to serving both Plaintiff and the client whose case goes to trial in February. 10. D fn a t mu iec u s l a teb n f o fu t femo tsn ee d n' l l o n e h d h e ei fo ro i s t p t v nh i

which to formulate their post-judgment motions. Therefore, a lengthy extension of the time in which Plaintiff must respond would simply place the parties on a more equal footing. 11. D fn a t moi s a es mefc a o l a i u s h haefmi r ee d n' t n ri o s o s a t l re l s e w i r a l u g s c i a

and expected, but many others which are not, and which will require that the undersigned engage in extensive research and review of the record. 12. Plaintiff was unable to spare the money to order the trial transcript until a

few weeks ago, and the undersigned has not yet had an opportunity to review it and annotate it, especially wt av wt i l i to ep ro s e p n i t D fn a t i h i o s a n h s ot n rs o s e o ee d n' e o tg i v s motions. 13. T eu d ri e iPa t 's l c u s l n h s oa s c ts r h n es n d s lnis o o n e a d a n so i e o g if f e , a

partners upon whom he can rely for assistance. The undersigned estimates that the process of reviewing and annotating the trial transcript, researching the cases and legal

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i u s a e b D fn a t moi s a ddat grs o s s oD fn a t moi s s e ri d y ee d n' t n , n rf s s s o i e p n e t ee d n' t n n s o will consume the better part of three weeks. 14. The undersigned would imagine ta D fn a t c u s lp n a h t ee d n' o n e s e t s

comparable amount of time in preparing their motions (though it may be that they have the advantage of greater experience in dealing with efforts to set aside jury verdicts). 15. The undersigned simply does not have available three or so weeks

b te nteN wY a a dF bu r 1 , 0 7t d v t t Pa t 'c s . ew e h e e r n e ray 9 2 0 o e oe o lnis a e if f 16. As it is, the undersigned has already been forced to drastically change

plans1 he made long ago to join his wife and daughters on a lengthy visit to h wf' i is s e p rns v rh h la snod roc mp t a df aR p Bi i Pa t ' ae t o e te od y i re t o l e n i i e l e e l r f lnis y en if f pending Colo.R.Civ.P. 106(a)(4) appeal, and complete and file his Motion for Fees and Costs in this case (even while he does a lot of work related to the case going to trial in February).2 17. Only after he completes the trial scheduled to begin February 12, 2007

will the undersigned be able to set aside a discrete block of time large enough to c ne dwt D fn a t tremoi s o tn i ee d n' he h s tn. o 18. From experience, the undersigned knows that, whatever the outcome of

the February trial, he will need some time to " decompress"and will be unable to focus , effectively on any substantial matters for a week following that trial.

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At considerable personal expense and inconvenience, entailing the purchase of a plane ticket so that he might still join them for a few days around the New Year and drive home with his family. 2 The undersigned is, unlike some, very fond of his in-laws, and has to his great regret missed previous opportunities to see them over the course of the last year or two because of this case.

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19.

Ima w l eta teu d ri e 'i bi t ma a these competing t y e b h th n es n d n iy o n ge l g s al t

tasks simultaneously is a sign of some great defect of character or intellect from which " a i me es fh b rd n t ufr l d g mb r o te a" o o s f . e n e 20. Perhaps it is just a sign of age, or the inevitable consequence of years of

"ufr gtesn s n arw o o t g o s otn "ntib n he poe s n s f i h lg a d r s f ur e u fr e i h e i td rfsi . en i o a u s g o 21. It is, just the same, quite real, and should not be allowed by this Court to

a v re afc teu d ri e 'ce t d es l f th n es n d lns y e g s i . 22. Therefore, although the requested extension is unusually long, it is by no

means unreasonable under the circumstances, and will afford Plaintiff no unfair advantage whatever. 23. To the contrary, Plaintiff will remain represented by rapidly aging, mentally

i a n e ( D fn a t ca e mio s who are broadcasting that assertion around mb l c d i ee d n' rv n n n , a f s i teFr D p r n t e c s D fn a t l s are to be believed) counsel forced by h i e at to xu e ee d n' o , e me s s circumstances beyond his control3 to work from a home office without benefit of staff or partners, whereas Defendant will remain a massive, powerful bureaucracy represented by one of the best law firms money can buy. 24. The undersigned certainly hopes to be able to complete some or all of

Pa t 'rs o s s oD fn a t moi s eoeMac 9 2 0 , u mu t u o lnis e p n e t ee d n' t n b fr if f s o rh , 0 7 b t s o t f prudence request an extension to that date.

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Other than to the extent he has admittedly, as a matter of genetic heritage, never been able to back away from a fight over matters of principle, regardless of the power of his adversary or whether he was likely to win.

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25.

The requested extension will cause Defendant no prejudice whatever.

WHEREFORE, good cause having been shown, Plaintiff respectfully requests that this honorable Court grant an extension, from Friday, January 5, 2007 to, and including Friday, March 9, 2 0 , fh d a le fri go Pa t 'rs o s s oa tre 0 6 o te e dn s o fn f lnis e p n e t l he i l i if f l moi s idb D fn a t nD c mb r 1 2 0 :D fn a t Moi fr u g n tn f o l y ee d n o e e e 1 , 0 6 ee d n' t n o J d me t e s o a aMatr f a , ee d n'Moi t Atr r me dJ d me ta dD fn a t s t o L w D fn a t e s t n o l o A n u g n, n ee d n' o e s Motion for a New Trial. DATED this 19th day of December, 2006. Respectfully submitted, /S/

Mark E. Brennan

Mark E. Brennan, P.C. P.O. Box 2556 Centennial, CO. 80161-2556 (303) 552-9394 (office) (303) 797-7687 (cell) [email protected] Attorney for Plaintiff CERTIFICATE OF SERVICE In compliance with D.C.COLO.LCivR. 6.1(D), the undersigned hereby certifies that, on this 19th day of December, 2006, he served a copy of the foregoing Motion for Extension o Pa t 'R s o s s oD fn a t P s f lnis e p n e t ee d n' o t if f s -Judgment Motions on the following person(s) via electronic mail:
Mr. William R. Cadorna 5503 S. Moore Street Littleton, CO. 80127 [email protected] Christopher Lujan, Esq. 210 W. Colfax, Dept 1108 Denver, CO. 80202 [email protected] Richard Barkley, Esq. th 410 17 St., No. 2200 Denver, CO. 80202 [email protected]

/S/

Mark E. Brennan

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