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

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

Document 101

Filed 08/10/2005

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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. QUIZNO'S UNOPPOSED MOTION FOR EXTENSION OF TIME TO SUBMIT FINAL PRETRIAL ORDER Plaintiffs The Quizno's Master LLC and The Quizno's Franchise Company LLC (hereinafter referred to singularly as "Quizno's") through undersigned counsel, hereby moves for a three business day extension of time to submit the Final Pretrial Order in the above matter and in support states as follows: CERTIFICATE OF COMPLIANCE WITH COLO.L.R. 7.1 Undersigned counsel certifies he conferred with counsel for Defendants' regarding the relief requested in this Motion and that Defendants are unopposed to the relief requested herein. In fact, Defendants' counsel is requesting a three business day extension of time due to a conflict in his schedule.

DE052220.001

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

Document 101

Filed 08/10/2005

Page 2 of 4

1.

Pursuant to Minute Order dated April 8, 2005, the current deadline to submit the

Final Pretrial Order is Friday, August 12, 2005 in preparation for the Final Pretrial Conference on August 19, 2005. 2. Due to unanticipated press of business last week and counsel for Quizno's

previously scheduled vacation in Maine this week, preparation and coordination with opposing counsel of the Final Pretrial Order has been difficult. Additionally, Defendants' counsel indicated that he has a conflict with his schedule and will not be able to discuss and finalize this matter until Wednesday, August 17, 2005. 3. Therefore, counsel for Quizno's is requesting a three business day extension, to

Wednesday, August 17, 2005 to submit the Final Pretrial Order. That way, counsel for both parties can finalize the proposed Pretrial order and the required exhibit list after Quizno's counsel returns. 4. Counsel for both parties are still willing and able to have the conference presently

scheduled for Friday, August 19, 2005 at 8:30 a.m. Trial to the court is scheduled for February 21, 2006. 5. The requested three business day extension is not being sought for the purposes of

delay, should not result in delay of the proceedings, and will not result in prejudice to any party. WHEREFORE, Quizno's respectfully requests a three business day extension to Wednesday, August 17, 2005 to submit the Final Pretrial Order in the above-captioned action. Dated this 10th day of August 2005

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

Document 101

Filed 08/10/2005

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Respectfully submitted, /s/ Leonard H. MacPhee_________________ Leonard H. MacPhee Attorney for Plaintiffs Perkins Coie LLP 1899 Wynkoop Street, Suite 700 Denver, CO 80202 Telephone: (303) 291-2300 Facsimile: (303) 291-2400 Email: [email protected] and Fredric A. Cohen DLA Piper Rudnick Gray Cary 203 North LaSalle Street, Suite 1800 Chicago, IL 60601 (312) 368-4000

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

Document 101

Filed 08/10/2005

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CERTIFICATE OF SERVICE I hereby certify that on August 10, 2005 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 email addresses:


Gilbert R. Egle [email protected] [email protected]\ Dennis Kaw [email protected] Eldon E. Silverman [email protected] [email protected]



and hereby certify that on August 2, 2005 I have mailed the foregoing to the following non EM/ECF participant via U.S. Mail, postage prepaid: J.E. Sawyer, Jr. Attorney at Law 203 South Edwards Street Enterprise, AL 36330

/s/ Leonard H. MacPhee Leonard H. MacPhee Attorney for Plaintiffs Perkins Coie LLP 1899 Wynkoop Street, Suite 700 Denver, CO 80202 Telephone: (303) 291-2300 Facsimile: (303) 291-2400 Email: [email protected]

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