Free Motion for Miscellaneous Relief - District Court of Colorado - Colorado

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

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 04-cv-01067-REB-CBS WILLIAM R. CADORNA, Plaintiff, v. THE CITY AND COUNTY OF DENVER, COLORADO, a Municipal Corporation, Defendant. DEFENDANT'S MOTION TO POSTPONE ENTRY OF JUDGMENT Defendant, City and County of Denver ("Denver"), through counsel, moves to postpone the entry of judgment in this case to the earlier of (a) 10 days after completion, and receipt by Denver, of the trial transcripts for this case, or (b) October 9, 2006. The reason for this Motion is to allow Denver to obtain a complete trial transcript for use in preparing post-trial motions. In support of this Motion, Denver states the following: D.C.COLO.LCivR 7.1 CERTIFICATION In compliance with D.C.COLO.LCivR 7.1, counsel for Denver contact counsel for William R. Cadorna ("Cadorna") about this Motion. Cadorna's counsel stated that he opposes the Motion. 1. Trial in this case took place over an eight-day period, beginning on June

19, 2006, and ending on June 29, 2006. After the close of the trial, the jury handed

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down a verdict in favor of Cadorna on awarding him $100,000 for Denver's decision to terminate him and $510,571.00 for Denver's decision to refuse reinstatement to his former position. 2. On July 10, 2006, Cadorna filed a Motion for Entry of Partial Judgment for

Back Pay and Liquidated Damages, and a Motion for Entry of Partial Judgment for Front Pay in Lieu of Reinstatement (jointly, "Cardona' Motions"). Denver filed responses in s opposition to both of Cardona' Motions on August 7, 2006, and Cardona filed reply s briefs on August 25, 2006. Accordingly, Cardona' Motions are now ripe for decision by s this Court. 3. After the Court rules on Cardona' Motions, there is no impediment to s

entry of judgment by the Court. 4. Denver intends to file post trial motions under Rules 50(b) and 59(b) of the To prepare post-trial

Federal Rules of Civil Procedure after judgment is entered.

motions, however, Denver needs to have a complete copy of the trial transcript. 5. On August 16, 2006, Denver ordered transcripts from the Court Reporter

who transcribed the trial. She has informed Denver that the requested transcripts will not be completed until sometime in September due to time constraints on her with respect to other cases. 6. Rule 50(b) and Rule 59(b) motions must be filed no later than 10 days

after the entry of judgment. This deadline is jurisdictional and may not be extended. See, e.g., Weitz v. Lovelace Health Sys., Inc., 214 F.3d 1175, 1179 (10th Cir. 2000); Collard v. United States, 10 F.3d 718, 719 (10th Cir. 1993); 9 James Wm. Moore et al,

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Moore's Federal Practice §50.54[2] (3d ed. 1997).

Accordingly, if the Court enters

judgment before the transcripts are completed, Denver' ability to present post-trial s arguments will be substantially impeded. 7. In addition, Denver is currently in the process of retaining outside counsel Because outside

to represent Denver in any post-trial and appellate proceedings.

counsel had no involvement in the trial proceedings, a complete trial transcript is necessary so that outside counsel can prepare post-judgment briefs. 8. Because the Court Reporter was unable to state a precise date when the

transcript will be completed, but was only able to say she would complete it sometime in September, this Motion requests that entry of judgment be postponed until the earlier of October 9, 2006, or 10 days after the transcript is completed and received. Denver represents that if it receives the transcript before September 30, 2006, it will notify the Court timely so that it can enter judgment 10 days after receipt of the transcript by Denver. ACCORDINGLY, Denver requests the Court to postpone entry of judgment in this case until the earlier of (a) 10 days after completion, and receipt by Denver, of the trial transcripts for this case, or (b) October 9, 2006.

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Respectfully submitted this 30th day of August 2006. CHRISTOPHER M.A. LUJAN Assistant City Attorney By: /s Christopher M.A. Lujan____________ Christopher M. A. Lujan Assistant City Attorney Denver City Attorney's Office Litigation Section 201 W. Colfax Ave., Dept. 1108 Denver, CO 80202 Telephone: 720.913.3100 Facsimile: 720.913.3190 E-mail: [email protected]

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CERTIFICATE OF SERVICE (CM/ECF) I hereby certify that on August 30, 2006, I electronically filed the foregoing 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/ Cristina P. Helm Cristina P. Helm Office of the Denver City Attorney

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