Free Motion for Extension of Time to File Response/Reply - District Court of Colorado - Colorado

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

Document 100

Filed 05/30/2006

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 04-cv-0687-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 RESPOND TO PLAINTIFF' MOTION FOR PARTIAL SUMMARY JUDGMENT S ______________________________________________________________________________ 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. and pursuant to Fed.R.Civ.P. 6 and D.C.COLO.LCivR 6.1(B), hereby submit their Unopposed Motion for Extension of Time to Respond to Plaintiff' Motion for Partial Summary Judgment. s 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, Esq., prior to the filing of this motion. Mr. Davidovich indicated that his client does not oppose the relief sought herein.

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

Document 100

Filed 05/30/2006

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2.

Plaintiff' Motion for Partial Summary Judgment with Incorporated Legal s Pursuant to the

Authority (hereinafter "Plaintiff' Motion") was filed on May 5, 2006. s

Electronic Case Filing Procedures (Civil Version 2.0) of the District of Colorado, Defendants calendared a response to Plaintiff' Motion for May 30, 2006 (providing twenty (20) days for a s response plus three days and given that May 29, 2006 was a holiday). An Order entered by the Court on May 24, 2006 initially confirmed Defendants' interpretation of the three day rule. 3. However, on May 26, 2006, the Court entered an Order indicating that according

to D.C.COLO.LCivR 7.1(C), a response to a motion for summary judgment is due twenty (20) days from the date of the filing of the motion, regardless of the method of service. Accordingly, Defendants'response to Plaintiff' Motion was due on May 25, 2006. s 4. Contemporaneously filed with this motion is Defendants'Opposition to Plaintiff' s

Motion for Partial Summary Judgment. Accordingly, Defendants respectfully request a four day extension of time (given that May 29, 2006 was a holiday) in which to respond to Plaintiff's Motion. WHEREFORE, Defendants respectfully move the Court and seek leave for a four day extension in which to respond to Plaintiff' Motion for Partial Summary Judgment and that the s Court enter an order accepting the contemporaneously filed Defendants'Opposition to Plaintiff' s Motion for Partial Summary Judgment as timely filed.

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Respectfully submitted,

s/ Eric M. Ziporin Eric M. Ziporin, Esq. SENTER GOLDFARB & RICE, L.L.C. 1700 Broadway, Suite 1700 Denver, CO 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 30th day of May, 2006, I electronically filed a true and correct copy of the above and foregoing DEFENDANTS' UNOPPOSED MOTION FOR EXTENSION OF TIME TO RESPOND TO PLAINTIFF' MOTION FOR PARTIAL S 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] and I hereby certify that I have mailed said DEFENDANTS' UNOPPOSED MOTION FOR EXTENSION OF TIME TO RESPOND TO PLAINTIFF' MOTION FOR PARTIAL S SUMMARY JUDGMENT to the following non-CM/ECF participants by U.S. Mail, first class postage prepaid: 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 John DeVore 200 E. Virginia Avenue Gunnison, CO 81230

s/ Barbara A. Ortell

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00225679.DOC