Free Response to Motion - District Court of Colorado - Colorado

Case 1:04-cv-01049-EWN-KLM

Document 118

Filed 09/23/2005

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 04-cv-01049-EWN-OES MITCHELL THEOPHILUS GARRAWAY, Plaintiff, v. UNITED STATES OF AMERICA, et al., Defendants.

DEFENDANTS' RESPONSE TO PLAINTIFF'S MOTION FOR ENLARGEMENT OF TIME TO RESPOND TO DEFENDANTS' MOTION FOR SUMMARY JUDGMENT

The individual defendants, through the undersigned counsel, respond as follows to Plaintiff's Request for Enlargement of Time Pursuant to Rule 6(b) and Plaintiff's Request for Order that the Defendants Reduce Number of Affidavits Submitted with Summary Judgment: 1. The defendants do not object to the plaintiff's request for an additional 15

days in which to respond to defendants' motion for summary judgment. 2. The defendants, however, oppose plaintiff's motion seeking to reduce the

number of declarations submitted in support of their motion for summary judgment. 3. The declarations were not submitted in bad faith contrary to plaintiff's

assertion. Although 15 were filed, the fact of the matter is that plaintiff has chosen to sue

Case 1:04-cv-01049-EWN-KLM

Document 118

Filed 09/23/2005

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13 individual defendants and the Bureau of Prisons. The defendants did submit declarations of two other Bureau of Prison employee witnesses, who have knowledge relevant to the defendants' defenses. Plaintiff offers no factual basis for striking any of the declarations. Accordingly, his motion should be denied. 4. Plaintiff's motion to strike any declarations should also be denied because

he did not consult the undersigned counsel prior to the filing of his motion as required by D.C.COLO.LCivR 7.1. DATED this 23 rd day of September, 2005. Respectfully submitted, WILLIAM J. LEONE UNITED STATES ATTORNEY

s/Mark S. Pestal Mark S. Pestal Assistant United States Attorney 1225 Seventeenth Street, Suite 700 Denver, Colorado 80202 (303) 454-0100 Fax: (303) 454-0408 [email protected]

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Case 1:04-cv-01049-EWN-KLM

Document 118

Filed 09/23/2005

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UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO CERTIFICATE OF SERVICE (CM/ECF) I hereby certify that on September 23, 2005 foregoing with the Clerk of Court using the ECF system. I electronically filed the

In addition, I hereby certify that I have mailed the document to the following non CM/ECF participants: Mitchell Thephilus Garraway #39096-066 Florence-USP P.O. Box 7000 Florence, CO 81226 And emailed it to: Benjamin J. Brieschke Chris Synsvoll Attorney-Advisor Legal Services Department Florence Correctional Complex P.O. Box 8500 Florence, CO 81226

s/ Michael A. Miller Office of the United States Attorney 1225 17th Street, Suite 700 Denver, Colorado 80202

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