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

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

Document 24

Filed 06/20/2005

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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 EXTENSION OF TIME FOR CHUCK DEMAREST TO ANSWER OR OTHERWISE RESPOND TO THE COMPLAINT

Defendant Chuck Demarest ("Demarest"), by and through his attorneys, Pendleton, Friedberg, Wilson & Hennessey, P.C., respectfully moves this Court to order a 21-day extension of time, to and including Monday, July 11, 2005, within which to file and serve his answer or otherwise respond to the complaint in this matter, and as grounds, states as follows: 1. In compliance with D.C.COLO.LCivR 7.1.A., counsel for Demarest has contacted

John A. DeSisto, counsel for plaintiff, who stated that plaintiff would not oppose the relief requested in this motion.

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

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Filed 06/20/2005

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2.

Pursuant to D.C.COLO.LCivR 6.1.C., the undersigned states that this is

Demarest's second 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. On May 31, 2005, plaintiff and Demarest stipulated to a 20-day extension of time

for Demarest to answer or respond to the complaint, as permitted by D.C.COLO.L.CivR. 6.1.A. The Court, by Minute Order dated June 2, 2005, granted the stipulation up to and including June 20, 2005. 5. Prior to May 31st, and through the present, counsel for plaintiff and Demarest

have been in negotiations to resolve this matter, however, another extension is requested to allow for further discussions as to settlement of plaintiff's claims against Demarest. 6. A 21-day extension, if settlement is reached, would serve the interests of these

parties, and would conserve judicial resources. Further, no party would be prejudiced by the granting of this motion. 7. WHEREFORE, defendant Chuck Demarest respectfully requests that this Court

grant this unopposed motion and order a 21-day extension of time, to and including Monday, July 11, 2005, to file his answer or to otherwise respond to the complaint in this matter. Dated this 20th day of June, 2005.

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

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Filed 06/20/2005

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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 CERTIFICATE OF SERVICE I hereby certify that on this 20th day of June, 2005, I electronically filed the foregoing with the Clerk of Court using the CM/ECF system which will send notificatin of such filing to the following e-mail addresses: David J. Stephenson, Jr. E-mail: [email protected] Kurt S. Lewis E-mail: [email protected] and I hereby 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) 2316 West Main Street Littleton, CO 80120 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] -3John A. DeSisto E-mail: [email protected]