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

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

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Filed 10/21/2005

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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. 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. ______________________________________________________________________________ DEFENDANTS' UNOPPOSED MOTION FOR EXTENSION OF TIME TO FILE REPLY BRIEF IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT ______________________________________________________________________________ Defendants, THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF GUNNISON, THE BOARD OF TRUSTEES FOR THE GUNNISON COUNTY PUBLIC LIBRARY, and PEGGY MARTIN, by their attorney, ERIC M. ZIPORIN, ESQ., and pursuant to D.C.COLO.LCivR 6.1(B), hereby submit their Unopposed Motion for Extension of Time to File Reply Brief in Support of Motion for Summary Judgment. 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. Pursuant to the Court's order of June 15, 2005, Plaintiff had up to and including

October 14, 2005 in which to respond to Defendants' Motion for Summary Judgment. Plaintiff

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

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filed her response on or about October 14, 2005. Defendants' Reply Brief in Support of their Motion for Summary Judgment is therefore currently due on October 24, 2005. 3. However, on October 3, 2005, Plaintiff filed a Motion Seeking to amend her

Amended Complaint, and file a proposed Third Amended Complaint contemporaneously therewith. Defendants filed an opposition to that motion on October 7, 2005. 4. Should the Court grant Plaintiff's motion to amend her Amended Complaint,

Defendants' Motion for Summary Judgment will become moot as it is based upon an Amended Complaint which is no longer the operative pleading in this case. Such would render the filing of a reply brief in support of that Motion for Summary Judgment unnecessary. 5. Accordingly, Defendants respectfully request an extension of time in which to file Should the Court deny

their Reply Brief in Support of Motion for Summary Judgment.

Plaintiff's motion to amend her Amended Complaint, Defendants respectfully request an extension of time of ten (10) days from the Court's Order in which to file a Reply Brief in support of the current Motion for Summary Judgment. Should the Court accept Plaintiff's proposed Third Amended Complaint, Defendants will renew their Motion for Summary Judgment within ten (10) days of that Order in response to the Third Amended Complaint. 6. Defendants have not previously sought an extension of time in which to file a

Reply Brief in support of their Motion for Summary Judgment. 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 ten (10) days from the date of the Court's ruling on Plaintiff's motion to amend her Amended

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

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Complaint in which to file a Reply Brief in support of the current Motion for Summary Judgment or file a renewed Motion for Summary Judgment in response to the Third Amended Complaint.

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 Attorney for Defendants

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CERTIFICATE OF SERVICE I HEREBY CERTIFY that on this 21st day of October, 2005, I electronically filed a true and correct copy of the above and foregoing DEFENDANTS' UNOPPOSED MOTION FOR EXTENSION OF TIME TO FILE REPLY BRIEF IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT 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 21st day of October, 2005, I mailed a true and correct copy of the above and foregoing DEFENDANTS' UNOPPOSED MOTION FOR EXTENSION OF TIME TO FILE REPLY BRIEF IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT 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 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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