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

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

Document 132

Filed 12/30/2005

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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 DEFENDANT 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 7-day extension of time, to and including Friday, January 6, 2006, 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. Pursuant to this Court's December 21, 2005 Order, Demarest's answer or other

response to the complaint is due December 30, 2005. 2.
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In compliance with D.C.COLO.LCivR 7.1.A., counsel for Demarest conferred

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

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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 second amended complaint. 3. Pursuant to D.C.COLO.LCivR 6.1.C., the undersigned states that this is

Demarest's sixth extension within which to answer or otherwise respond to plaintiff's complaints. 4. 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. 5. As stated in plaintiff's December 19, 2005 Unopposed Motion for Extension of

Time to Respond to Defendant Demarest's First Combined Discovery Requests and his previous motion for an extension to answer or respond to the complaint, filed on December 20, 2005, plaintiff and Demarest have been engaged in substantive settlement discussions. A draft of a settlement agreement is currently being reviewed. Unfortunately, due to the press of other caserelated business following the recent holiday and during the previous week, undersigned counsel has not had time to review the draft agreement adequately and discuss its terms with defendant Demarest. 6. This brief additional extension of time to answer or respond to the complaint will

provide the parties and respective counsel the opportunity to continue settlement negotiations. The relief requested in this motion will not impact the overall schedule in this case, would serve the interests of these parties, and would conserve judicial resources. Further, no party would be prejudiced by the granting of this motion.

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

Document 132

Filed 12/30/2005

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WHEREFORE, defendant Charles Demarest respectfully requests this Court's indulgence to grant this unopposed motion and order a 7-day extension of time, to and including Friday, January 6, 2006, in which to answer or otherwise respond to the second amended complaint in this matter. Dated this 30th day of December, 2005.

By: s/ Susan M. Hargleroad Susan M. Hargleroad Pendleton, Friedberg, Wilson & Hennessey, P.C. 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 30th day of December, 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] David S. Fein E-mail: [email protected] 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 By: s/ Susan M. Hargleroad Kurt S. Lewis E-mail: [email protected]

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