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

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

Document 205

Filed 12/05/2006

Page 1 of 4

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.

UNOPPOSED MOTION BY PLAINTIFF FOR TEN-DAY EXTENSION OF MOTION F RA T R E ' F E A DC S S O T O N YS E S N O T

Pa t Wia R C d ra( lni ) lni l m . a on " a t "hereby moves for extension by ten days if l f i P if f of the deadline for filing of Pa t 'Moi fr t re 'F e a dC s , from lnis t n o At n y e s n o t if f o o s s Tuesday, December 12, 2006, to and including Friday, December 22, 2006. As grounds for this Unopposed Motion, Plaintiff states: 1. In accordance with tiC ut mav l s eloquent and just November h o rs re u l s ' o y

27, 2006 Order granting Plaintiff reinstatement, back pay of $610,571.00, and liquidated damages of $610,571.00, the Clerk of the Court entered judgment on November 28, 2006. U d r e ..iP 5 () ) )Pa t 'femoi id eD c mb r 2 2 0 . n e F dRCv . 4d( ( , lnis e . 2B if f tns u ee e 1 , 0 6 o 2. T et n o teC ut od r a e q it,o i a j t s h h i g fh o rs re w s x u i frt me u a te mi ' se c s

undersigned and his wife were about to travel to San Francisco to spend several days

1

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

Document 205

Filed 12/05/2006

Page 2 of 4

celebrating their twentieth wedding anniversary. Ato g teC ut O d r a n t l u h h o rs re w s o h ' unexpected, its receipt was an occasion for unbridled joy, and provided the undersigned and his wife with the best o s l " voyage" p sie bon b . 3. At the risk of seeming ungrateful, it must also be said that the timing of the

C ut od r a (aa o i l)n u p i s o mu htes mera o : the o rs re w s p rd x ay i s io fr c h a ' cl a cu e sn undersigned was away from the office for five of the fourteen days following entry of judgment. 4. On December 12, 2006, the undersigned must conduct mediation of a

significant employment case scheduled for jury trial in February, 2002. The undersigned must devote one to two days during the next three business days to preparing a confidential settlement memorandum for the mediation. 5. Tomorrow, December 6, 2006, the undersigned will spend a half-day or so

in a comprehensive physical examination scheduled some weeks ago (in observance of his fiftieth birthday by his R.N. wife). 6. The undersigned does not have staff to which he could delegate the task

of compiling the substantial documentation required for his fee affidavit, and has not yet had an adequate opportunity to complete his fee affidavit, which will be very timeconsuming. The undersigned simply does not have enough time available, even if he works through next weekend, to complete the fee motion and affidavit. 7. Plaintiff has authorized the undersigned to retain another expert

employment civil rights litigator to offer an expert opinion in support of the u d ri e 'fea pc t n T esh d l o teu d ri e a dtefee p r n es n d e p lai . h c e u s fh n es n d n h e x et g s i o e g

2

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

Document 205

Filed 12/05/2006

Page 3 of 4

are such that a ten-day extension of the motion deadline is essential to permit them an adequate opportunity to consult and formulate the expet af a i rs f v. ' i t d 8. The Court might well ask why, since the verdict was entered five months

a o teu d ri e h s o h dh fea pc t n" tec n fr o t , ota g ,h n es n d a n t a i e p lai i h a "o s me i s h t g s i o n me the foregoing considerations would not delay filing of his motion for fees. 9. Since trial, the undersigned has devoted a great deal of time to

researching the lodestar fee for employment lawyers and the legal standards applicable to fee awards in order to gain a better understanding of the compensability of time devoted to administrative litigation, time devoted to pursuit of various claims or causes of action arising from the same nucleus of facts, and other questions posed by the somewhat unusual procedural complexity (at least for an employment case) of this action. 10. The undersigned has not, however, been able to complete all the work

requisite to a satisfactory motion for fees. Immediately following the trial of this matter, the undersigned devoted nearly an entire month to completion of numerous depositions and other discovery in the case scheduled for trial in February. Thereafter, a c n i rb a u t fh u d ri e 't w s e oe t moi pa tei ta o s ea l mo n o te n es n d i d e g s me a d v td o t n rcc n h t o i case, and other matters placed on hold pending conclusion of the trial of this action. 11. Defendant will not be prejudiced by the brief extension requested, since it

wl n d l tep y n o teu d ri e 'fe . io l e y h a me t fh n es n d e s l y a g s

3

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

Document 205

Filed 12/05/2006

Page 4 of 4

12.

In compliance with D.C. COLO.LCivR. 7.1(A), the undersigned certifies

that he consulted with opposing counsel concerning the subject of this motion, and that opposing counsel stated he would not oppose it. WHEREFORE, good cause having been shown, Plaintiff respectfully requests that this honorable Court grant extension of the deadline for the filing of Pa t ' lnis if f Moi fr t re 'F e a dC s from Tuesday, December 12, 2006, to and t n o At n y e s n o t o o s s including Friday, December 22, 2006. DATED this 6th 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 6th day of December, 2006, he served a copy of the foregoing Unopposed Motion for Extension 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

4