Free Motion for Extension of Time to File Answer - District Court of Colorado - Colorado

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

Document 65

Filed 11/22/2005

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 04-cv-00687-PSF-BNB MARY JO LAIRD, Plaintiff, v. GUNNISON COUNTY, a County of the State of Colorado, acting through THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF GUNNISON, THE BOARD OF TRUSTEES FOR THE GUNNISON COUNTY PUBLIC LIBRARY, JOHN DEVORE, and PEGGY MARTIN, in their individual capacities, Defendants. ______________________________________________________________________________ DEFENDANTS' UNOPPOSED MOTION FOR EXTENSION OF TIME TO FILE RESPONSE TO PLAINTIFF'S THIRD AMENDED COMPLAINT ______________________________________________________________________________ Defendants, GUNNISON COUNTY, a County of the State of Colorado, acting through THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF GUNNISON, THE BOARD OF TRUSTEES FOR THE GUNNISON COUNTY PUBLIC LIBRARY, JOHN DEVORE, and PEGGY MARTIN, by their attorney, ERIC M. ZIPORIN, ESQ. of the law firm of SENTER GOLDFARB & RICE, L.L.C., and pursuant to D.C.COLO.LCivR 6.1(B), hereby submit their Unopposed Motion for Extension of Time to File Response to Plaintiff's Third Amended Complaint and Jury Demand.

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

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AND IN SUPPORT THEREOF, Defendants state as follows: 1. Pursuant to D.C.COLO.LCivR 7.1(A), undersigned counsel conferred with

counsel for Plaintiff, Nathan Davidovich, prior to the filing of this motion. Mr. Davidovich has indicated that his client does not oppose the relief sought herein. 2. On November 14, 2005, the Court granted Plaintiff's Motion for Leave to Amend

the Complaint and File the Proposed Third Amended Complaint and Jury Demand. The Court directed the Clerk of the Court to accept the proposed Third Amended Complaint and Jury Demand for filing. 3. On that same date, the Court denied Defendants' Motion for Summary Judgment

without prejudice and indicated that Defendants could reassert their same arguments within a motion directed to the Third Amended Complaint and Jury Demand. 4. Pursuant to Fed.R.Civ.P. 15(a), a party has ten (10) days after service of the

amended pleading to file a response. Since Defendants had previously been served with the proposed Third Amended Complaint and Jury Demand prior to the Court's order accepting same, a response to the amended pleading is due on or before November 25, 2005 (given the Thanksgiving holiday on November 24, 2005). 5. At this time, Defendants have yet to decide if an Answer, Motion to Dismiss, or

Motion for Summary Judgment will be filed in response to Plaintiff's Third Amended Complaint. Accordingly, Defendants request additional time in which to file a response to Plaintiff's Third Amended Complaint and Jury Demand. Specifically, Defendants request an extension of fourteen (14) days, or up to and including December 9, 2005, in which to file a response to Plaintiff's Third Amended Complaint and Jury Demand.

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

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6.

Defendants have not previously sought an extension of time in which to file a

response to Plaintiff's Third Amended Complaint and Jury Demand. In addition, this motion fully comports with the requirements of D.C.COLO.LCivR 6.1(B) and (C). WHEREFORE, Defendants respectfully request that the Court grant an extension of fourteen (14) days, or up to and including December 9, 2005, in which to file a response to Plaintiff's Third Amended Complaint and Jury Demand.

Respectfully submitted,

s/ Eric M. Ziporin Eric M. Ziporin, Esq. SENTER GOLDFARB & RICE, L.L.C. 1700 Broadway, Suite 1700 Denver, Colorado 80290 Telephone: 303-320-0509 Facsimile: 303-320-0210 [email protected] Attorney for Defendants

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

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CERTIFICATE OF SERVICE I HEREBY CERTIFY that on this ____ day of November, 2005, I electronically filed a true and correct copy of the above and foregoing DEFENDANTS' UNOPPOSED MOTION FOR EXTENSION OF TIME TO FILE RESPONSE TO PLAINTIFF'S THIRD AMENDED COMPLAINT with the Clerk of Court using the CM/ECF system which will send notification of such filing to the following email addresses: Nathan Davidovich, Esq. [email protected] Ronald H. Nemirow, Esq. [email protected] I FURTHER CERTIFY that on this ____ day of November, 2005, I mailed a true and correct copy of the above and foregoing DEFENDANTS' UNOPPOSED MOTION FOR EXTENSION OF TIME TO FILE RESPONSE TO PLAINTIFF'S THIRD AMENDED COMPLAINT via U.S. Mail, first class postage prepaid, to the following: David M. Baumgarten, Esq. Gunnison County Attorney 200 E. Virginia Avenue Gunnison, CO 81230 John DeVore 200 E. Virginia Avenue Gunnison, CO 81230 Peggy Martin Gunnison County Public Library 307 N. Wisconsin Gunnison, CO 81230

s/ Barbara A. Ortell Barbara A. Ortell E-mail: [email protected] Secretary for Eric M. Ziporin

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