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

Case 1:04-cv-00725-RPM

Document 59

Filed 01/27/2006

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Senior District Judge Richard P. Matsch Civil Action No. 04-cv-725-RPM-OES THE QUIZNO'S MASTER LLC, a Colorado limited liability company and THE QUIZNO'S HOLDING COMPANY, a Nevada corporation, as assignee of and successor in interest to THE QUIZNO'S CORPORATION, a Colorado corporation, Plaintiffs, v. WESTCHESTER FIRE INSURANCE COMPANY, a New York corporation and ROYAL INDEMNITY COMPANY, a Delaware corporation, Defendants.

UNOPPOSED MOTION FOR EXTENSION OF TIME TO FILE A NOTICE OF DISMISSAL

Plaintiffs The Quizno's Master LLC and The Quizno's Holding Company (hereinafter referred to singularly as "Quizno's"), through its undersigned counsel, moves this Court to extend the time to file a notice of dismissal in the above-captioned action and in support state as follows: CERTIFICATE OF COMPLIANCE WITH LOCAL RULE 7.1(A) Pursuant to D.C. Colo. L.R. 7.1(A), the undersigned counsel hereby certifies that he conferred with Anne Uyeda of Musick, Peeler & Garrett, LLP, counsel for Royal Indemnity Company and Ernest Sloan of Lewis Brisbois Bisgaard & Smith LLP, counsel for Westchester Fire Insurance Company regarding the relief requested in this Motion. Counsel for Defendants indicated that Royal and Westchester do not oppose the relief requested herein. 1.
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The parties have reached an agreement to settle the above matter.

Case 1:04-cv-00725-RPM

Document 59

Filed 01/27/2006

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2.

On January 19, 2006, counsel for all parties orally informed the Court that the

parties had reached this settlement in principle and were in the process of finalizing the settlement and release agreement. That same day, the Court issued a Minute Order setting a deadline of January 30, 2006 for the submission of final papers with respect to this settlement. 3. The parties have almost completed negotiating all of the terms of the written

Settlement and Release Agreement, which includes an agreement by the parties that payment will be made on or before February 10, 2006 and that the parties will file a stipulation of dismissal with the Court after full payment to Quizno's has been received. 4. Accordingly, Quizno's requests that the Court extend the deadline by which the

final papers, including specifically the stipulation of dismissal pursuant to Fed.R.Civ.P. 41, be extended to accommodate the parties' agreement with respect to the timing of payment and the timing of the filing of the notice of dismissal. Quizno's requests a period of at least three weeks, or until February 21, 2006 to ensure sufficient time to complete the transaction. WHEREFORE, Quizno's respectfully requests that this Court enter an order extending the deadline set forth in the January 19, 2006 Minute Order regarding submission of final papers with respect to the settlement of this matter to February 21, 2006.

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Case 1:04-cv-00725-RPM

Document 59

Filed 01/27/2006

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Dated this 27th day of January 2006. 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]

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Case 1:04-cv-00725-RPM

Document 59

Filed 01/27/2006

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CERTIFICATE OF SERVICE I hereby certify that on January 27, 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 email addresses:
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Joseph F. Bermudez [email protected] Laurence Murray McHeffey [email protected] [email protected] R. Anthony Moya [email protected] [email protected] Michael D. Nosler [email protected] [email protected]

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Cindy Coles Oliver [email protected] [email protected] R. Gaylord Smith [email protected] [email protected] Hilary Dawn Wells [email protected] [email protected]

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and I hereby certify that I have mailed the foregoing to the following non EM/ECF participant via U.S. Mail, postage prepaid: Calvin S. Whang Musick, Peeler, & Garrett, LLP One Wilshire Boulevard, #2000 Los Angeles, CA 90017 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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