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

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

Document 115

Filed 05/25/2006

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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 UNOPPOSED MOTION TO EXCEED THE FIFTEEN PAGE LIMIT FOR "DEFENDANT'S MEMORANDUM RE: DISPUTED JURY INSTRUCTIONS AND VERDICT FORM" The Defendant, the City and County of Denver (hereafter "Denver"), by and through its attorney, respectfully requests that this Court enter an order allowing Defendant to exceed the fifteen (15) pages limit that currently exists for filing motions in this Court. 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 contacted

Plaintiff's counsel who does not oppose this motion. 2. The Practice Standards for this Court limit motions and responses to

fifteen (15) pages. See REB Civ. Practice Standard V.A.1.

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

Document 115

Filed 05/25/2006

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3.

Defendant has proposed 57 jury instructions and 1 verdict form. Plaintiff

has stated that 44 of the jury instructions are either competing or non-stipulated. Plaintiff has also objected to Defendant's proposed verdict form. 4. Based on the numerous objections that Plaintiff has to Defendant's jury

instructions and verdict form, Defendant requires additional pages, beyond the 15 page limit, to brief Defendant's arguments on each competing or non-stipulated jury instruction. Also, because Plaintiff was unsure if he will need a similar extension of the page limit, Defendant has agreed to such an extension and would request that if the Court grant the extension requested herein, it do so for both parties. WHEREFORE, the Defendant respectfully requests that this Court issue an order for the Defendant to submit Defendant's Memorandum Re: Disputed Jury Instructions and Verdict Form in excess of fifteen (15) pages, which is submitted herewith, and if necessary, for the Plaintiff as well. Respectfully submitted this 25th day of May, 2006. CHRISTOPHER M. A. LUJAN Assistant City Attorney JACK M. WESOKY 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] 2

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

Document 115

Filed 05/25/2006

Page 3 of 3

CERTIFICATE OF SERVICE (CM/ECF) I hereby certify that on May 25, 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/ Marilyn Barela Marilyn Barela, Legal Secretary Office of the Denver City Attorney

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