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

Case 1:04-cv-01062-ZLW-BNB

Document 92

Filed 06/28/2005

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO

Civil Action No. 04-cv-01062-ZLW-BNB THE QUIZNO'S MASTER LLC and THE QUIZNO'S FRANCHISE COMPANY LLC Plaintiffs, v. R&B MANAGEMENT GROUP, LLC, an Alabama limited liability company, ROYCE GWIN, an individual, and REBECCA GWIN, an individual Defendants.

DEFENDANTS' AGREED UPON MOTION TO EXTEND DEADLINE FOR SETTLEMENT CONFERENCE ______________________________________________________________________________ Defendants, by and through their counsel, Preeo Silverman Green & Egle, P.C., and pursuant to Rule 6(b)(1) of the Federal Rules of Civil Procedure and Rule 7.1 of the Local Rule of Practice for this Court, hereby respectfully move this Court for its Order extending the date currently for the a Settlement Conference to a date after the Court hears and rules on the Plaintiffs' Motion for [Summary] Judgment, sometime after October 11, 2005. As grounds for this Motion, Defendants state as follows: CERTIFICATE OF COMPLIANCE In accordance with Rule 7.1 of the Local Rule of Practice for this Court, the undersigned counsel for Defendants hereby states that on June 27, 2005 he communicated with Len MacPhee, Esq., counsel for the Plaintiffs, regarding this Motion and the proposed change of date for the

Case 1:04-cv-01062-ZLW-BNB

Document 92

Filed 06/28/2005

Page 2 of 4

Settlement Conference currently scheduled for August 1, 2005. Mr. MacPhee advised undersigned counsel that Quizno's consents to the Defendants requesting the Court for the extensions and has no objections to the proposed new dates for the Settlement Conference. MOTION 1. Per its Minute Order issued June 10, 2005, the Court set August 1, 2005 as the next

Settlement Conference date in this matter with Confidential Settlement Statements due on or before July 25, 2005. 2. The Defendants and Plaintiff respectfully requests the Court to move the Settlement

Conference date until after oral arguments on the Plaintiffs' Motion for [Summary] Judgment are heard by the Court on October 11, 2005. Accordingly, the Parties request that the Court move the deadline to file Confidential Settlement Statements to October 18, 2005 and the Settlement Conference to October 25, 2005 or to other dates convenient to the Court after October 11, 2005. 3. The reason the parties ask the Court's indulgence in moving the dates for the

Settlement Conference and corresponding Confidential Settlement Statements is so that the parties can better assess their settlement positions after the Court hears and rules on the final dispositive motion in this matter. 4. Attorneys for both parties consulted on all remaining scheduling order deadlines and

both parties do foresee requesting the Court for an extension of the current deadline for the Defendants to file its Response to the Plaintiffs' Motion for Summary Judgment to July 15, 2005 and an extension of the current deadline for the Plaintiffs' Reply to the Defendant's Response to the

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Case 1:04-cv-01062-ZLW-BNB

Document 92

Filed 06/28/2005

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Plaintiffs' Motion for Summary Judgment to August 2, 2005. The Parties currently do not foresee a need to modify any other remaining scheduling order deadlines. WHEREFORE, the Defendants respectfully request that this Court enter its Order moving the Settlement Conference deadlines as follows: (1) Submission of Confidential Settlement Statements ­ October 18, 2005, or a date after October 11, 2005 that is convenient to the Court. (2) Settlement Conference Date ­ October 25, 2005,or a date after October 11, 2005 that is convenient to the Court. Dated this 28th Day of June 2005 Respectfully submitted, PREEO SILVERMAN GREEN & EGLE, P.C.

By: s/Dennis Kaw Dennis Kaw, Esq. 1401 Seventeenth Street, Ste. 800 Denver, Colorado 80202 Telephone No.: (303) 296-4440 FAX No.: (303) 296-3330 ATTORNEYS FOR DEFENDANTS

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Case 1:04-cv-01062-ZLW-BNB

Document 92

Filed 06/28/2005

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CERTIFICATE OF SERVICE The undersigned hereby certifies that on this 28th day of June, 2005, a true and correct copy of the foregoing DEFENDANTS' AGREED UPON MOTION TO EXTEND DEADLINE FOR DEFENDANTS' RESPONSE TO PLAINTIFFS MOTION FOR [SUMMARY] Judgment AND PLAINTIFFS' REPLY TO DEFENDANTS' RESPONSE was served by fax to the following: Fredric A. Cohen, Esq. 312-236-7516 Piper Rudnick 203 North LaSalle Street, Suite 1800 Chicago, IL 60601-1293 Leonard H. MacPhee, Esq. Chantell Taylor, Esq. Perkins Coie LLP 1899 Wynkoop Street, Suite 700 Denver, CO 80202 J.E. Sawyer, Jr., Esq. 203 South Edwards Street Enterprise, AL 36330 and by hand delivery to: Magistrate Judge Boyd N. Boland United States District Court, District of Colorado 901 19th Street Denver, CO 80294 s/Dennis Kaw 303-291-2400

334-347-8217

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