Free Motion for Extension of Time to File Response/Reply - District Court of Colorado - Colorado

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

Document 91

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 DEFENDANTS' RESPONSE TO PLAINTIFFS MOTION FOR [SUMMARY] JUDGEMENT AND PLAINTIFFS' REPLY TO DEFENDANTS' RESPONSE ______________________________________________________________________________ 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 deadline for the Defendants to file a Response Brief to the Plaintiffs Motion for [Summary] Judgement ("Defendants' Response") by seven calender days and for the Plaintiffs to file a Reply Brief to the Defendants' Response ("Plaintiffs' Reply") by seven calender days. As grounds for this Motion, Defendants state as follows:

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

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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 extended deadlines herein. Mr. MacPhee advised undersigned counsel that Quizno's consents to the Defendants requesting the Court for these extensions and has no objections to the proposed extended deadlines herein. MOTION 1. Per its Minute Order issued June 24, 2005, the deadline set by this Court for the filing

of the Defendants' Response is on or before July 8, 2005. The Court also allows a Plaintiffs' Reply on or before July 26, 2005. 2. The Plaintiffs' Motion for [Summary] Judgment Cites to and attaches as Exhibit 9,

an Order from an unpublished, pending case before the Court (Civil Case No. 04-RB-1164 (BNB)). It is important for the Defendants to be able to gain a full understanding of this other case in order to meaningfully file the Defendants' Response. 3. The Defendants are having difficulty downloading this other case before the Court

as the recent Court's conversion to the electronic filing system has presented some technical difficulties. As such, the Defendants' attorneys are obtaining a hard copy from the Court's Office of the Clerk. The Defendants' attorneys will require some additional time to review, research, and incorporate the facts and cited law of the other case to the facts and law of this case in the Defendants' Response.

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4.

The Defendants believe and pray that an extension of seven calender days from July

8, 2005 to July 15, 2005 is adequate additional time for the Defendants to meaningfully Respond to the Plaintiff's Motion for [Summary] Judgment. 5. In the spirit of fairness, the Defendants also ask that the deadline for the filing of the

Plaintiffs' Reply be extended seven calender days from July 26, 2005 to August 2, 2005. 6. 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 Settlement Conference scheduled for August 1, 2005 to be extended to a date convenient to the Court after the Court hears and rules on the Plaintiffs' Motion for [Summary] Judgment, sometime after October 11, 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 extending the Defendant's Response to the Plaintiffs' Motion for Summary Judgment and the Plaintiffs' Reply to the Defendant's Response to the Plaintiffs' Motion for Summary Judgment deadlines as follows: (1) Defendant's Response to the Plaintiffs' Motion for Summary Judgment ­ July 15, 2005 (2) Plaintiffs' Reply to the Defendant's Response to the Plaintiffs' Motion for Summary Judgment ­ August 2, 2005.

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Dated this 28h 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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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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