Free Order - District Court of Colorado - Colorado

Case 1:04-cv-00687-PSF-BNB

Document 99

Filed 05/26/2006

Page 1 of 2

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Judge Phillip S. Figa Civil Action No. 04-cv-00687-PSF-BNB MARY JO LAIRD, Plaintiff, v. THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF GUNNISON, THE BOARD OF TRUSTEES FOR THE GUNNISON COUNTY PUBLIC LIBRARY, and PEGGY MARTIN, in her official capacity and Individually, Defendants.

CORRECTED ORDER GRANTING MOTION FOR EXTENSION OF TIME TO RESPOND

On May 24, 2006, this Court entered an Order denying Plaintiff' Unopposed s Motion for Extension of Time to Respond to Motion for Summary Judgment (Dkt. # 95) as superfluous. The Court reached its conclusion based on its review of the Electronic Case Filing Procedures (Civil Version 2.0) of this District, available on its website at http://www.uscourts.gov/forms/ecfPro.pdf, which states at p.12 in Rule V.G.5: " ThreeDay Rule. The three-day rule in Fed.R.Civ.P. 6(e) for service by mail shall apply to service by electronic means." The Court now understands that D.C.COLO.LCivR 7.1C, governs the time limits for responses to motions for summary judgment and that such time runs from the date of filing of the motion without consideration of the method of service. Thus, plaintiff' response was due on May 21, 2006. s However, the Court now GRANTS Plaintiff' Motion for Extension of Time to s

Case 1:04-cv-00687-PSF-BNB

Document 99

Filed 05/26/2006

Page 2 of 2

Respond to Motion for Summary Judgment (Dkt. # 95) and based on that motion allows plaintiff until May 23, nunc pro tunc, to file a response. Plaintiff' Response filed on s May 23, 2006 (Dkt. # 96) is thus accepted as filed timely on that date. Dated: May 26, 2006

BY THE COURT: s: Phillip S. Figa ________________________________ Phillip S. Figa United States District Judge

2