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

Case 1:04-cv-00617-LTB-BNB

Document 45

Filed 08/01/2005

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 04-cv-00617-LTB-BNB POLYROCK TECHNOLOGIES, LLC, a Colorado limited liability company, Plaintiff, v. GENERAL STEEL DOMESTIC SALES, LLC, a Colorado limited liability company, d//b/a General Steel Corporation; GENSTONE ENTERPRISES, LLC, a Colorado limited liability company, d/b/a GenStone; JEFF KNIGHT; KEVIN KISSIRE; and CHUCK DEMAREST, Defendants. UNOPPOSED MOTION FOR FOURTH EXTENSION OF TIME FOR CHUCK DEMAREST TO ANSWER OR OTHERWISE RESPOND TO PLAINTIFF'S SECOND AMENDED COMPLAINT Defendant Chuck Demarest ("Demarest"), by and through his attorneys, Pendleton, Friedberg, Wilson & Hennessey, P.C., respectfully moves this Court to order a 10-day extension of time, to and including Thursday, August 11, 2005, within which to file and serve his answer or otherwise respond to the second amended complaint in this matter, and as grounds, states as follows: 1. In compliance with D.C.COLO.LCivR 7.1.A., on July 5, 2005, counsel for

Demarest conferred with John A. DeSisto, counsel for plaintiff, who stated that plaintiff would not oppose a further extension of time for Demarest to answer or respond to the complaint.
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Case 1:04-cv-00617-LTB-BNB

Document 45

Filed 08/01/2005

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Plaintiff also has agreed not to oppose a similar motion for extension of time to answer or otherwise respond, to be filed by defendants General Steel, Genstone and Jeffrey Knight. 2. Pursuant to D.C.COLO.LCivR 6.1.C., the undersigned states that this is

Demarest's fourth extension within which to answer or other respond to the complaint. 3. Pursuant to D.C.COLO.LCivR 6.1.D., a copy of this unopposed motion for an

extension of time is being served upon defendant Chuck Demarest. 4. Pursuant to the Court's Minute Order of July 12, 2005, Demarest's answer or

other response to the complaint is due August 1, 2005. 5. A 10-day extension would serve the interests of these parties, and would conserve

judicial resources. Further, no party would be prejudiced by the granting of this motion. 6. WHEREFORE, defendant Chuck Demarest respectfully requests that this

Court grant this unopposed motion and order a 10-day extension of time, to and including Thursday, August, 11, 2005, to file his answer or otherwise respond to the second amended complaint in this matter. Dated this 1st day of August, 2005. PENDLETON, FRIEDBERG, WILSON & HENNESSEY, P.C.

By:

/s Susan M. Hargleroad Susan M. Hargleroad 1875 Lawrence Street, Tenth Floor Denver, CO 80202-1898 Telephone: 303-839-1204 FAX: 303-831-0786 E-mail: [email protected] Attorneys for Defendant Chuck Demarest

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Case 1:04-cv-00617-LTB-BNB

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Filed 08/01/2005

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CERTIFICATE OF SERVICE I hereby certify that on this 1st day of August, 2005, 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 e-mail addresses: John A. DeSisto E-mail: [email protected] Kurt S. Lewis E-mail: [email protected] and I further certify that I have mailed or served the document or paper to the following non CM/ECF participant in the manner indicated by the non-participant's name: David S. Fein (via U. S. Mail, first class postage prepaid) Lewis Scheid, LLC. 2300 Fifteenth Street, Suite 320 Denver, CO 80202 and upon defendant Chuck Demarest: Mr. Chuck Demarest (via U. S. Mail, first class postage prepaid) Aragon Elastomers 740 S. Pierce Avenue Louisville, CO 80027 PENDLETON, FRIEDBERG, WILSON & HENNESSEY, P.C.

By: s/ Susan M. Hargleroad Susan M. Hargleroad Attorneys for Defendant Chuck Demarest 1875 Lawrence Street, Tenth Floor Denver, CO 80202-1898 Telephone: 303-839-1204 FAX: 303-831-0786 E-mail: [email protected]

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