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

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

Document 111

Filed 11/22/2005

Page 1 of 3

IN THE UNITED STATES DISTRICT COURT DISTRICT OF COLORADO

Civil Action No. 04-cv-617-LTB-BNB POLYROCK TECHNOLOGIES, LLC, a Colorado limited liability company, Plaintiff, v. GENERAL STEEL DOMESTIC SALES, LLC, et al., Defendants.

JOINT MOTION TO EXTEND DEADLINE TO AMEND PLEADINGS AND TO SET DEADLINE TO RESPOND TO ANY AMENDED PLEADING

The parties jointly move the Court to extend the deadline to amend pleadings and join parties by one week, to and including November 30, 2005. The parties also jointly move to set the deadline to respond to any amended pleadings filed on November 30, 2005 to December 20, 2005, and, in the event plaintiff does not file a Third Amended Complaint, to extend to December 20, 2005 the deadline for: (i) defendant Charles Demarest to answer the Second Amended Complaint; and (ii) defendants General Steel, Genstone and Jeff Knight to answer Paragraphs 5 and 53 of the Second Amended Complaint. As grounds for this motion, the parties state: 1. Pursuant to the C ut Mi t O dr a dN vm e 1, 05( k #18, ors n e re dt oe br 7 20 D t 0)the ' u e deadline for the joinder of parties and amendment of pleadings is currently November 23, 2005.

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

Document 111

Filed 11/22/2005

Page 2 of 3

This deadline has previously been extended two times pursuant to the joint or unopposed motions of the parties. (Dkt # 90, 108) 2. The parties agree i l h o t C ut O dr f oe br 120, granting in part n i t fh ors re o N vm e2,05 g e ' ( i l v t a ed addni i prdf dn D m r t m t nt d m s and due to wt e e o m n) n ey g n a e nat e a ss o o o i i , h a n t e e' i s s the current stage of discovery, that it is appropriate to extend the deadline to join parties and amend pleadings an additional week, to and including November 30, 2005. 3. In order to permit adequate time for response to any amended pleading filed and to avoid duplication of effort, the parties further agree that the deadline for response to any amended pleading filed should be December 20, 2005 and, further, that in the event plaintiff does not file a Third Amended Complaint that defendant Demarest shall have until December 20, 2005 in which to answer the Second Amended Complaint and defendants General Steel, Genstone and Jeff Knight shall have until December 20, 2005 in which to answer Paragraphs 5 and 53 of the Second Amended Complaint. 4. Pursuant to D.Colo.LCivR 6.1D, the undersigned counsel certify that each of them is serving a copy of this motion on each of his or her clients. 5. A proposed Order is included frh C ut cnei c. o t ors ovn ne e ' e

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

Document 111

Filed 11/22/2005

Page 3 of 3

DATED: November 22, 2005. s/John A. DeSisto John A. DeSisto, FEATHERSTONE DESISTO LLP 600 17th Street, #2400 Denver, CO 80202 Telephone: 303 626-7100 Facsimile: 303 626-7101 e-mail: [email protected] Attorney for Plaintiff PolyRock Technologies, LLC

Respectfully submitted: s/Kurt Lewis Kurt S. Lewis LEWIS SCHEID LLC 2300 15th Street #320 Denver, CO 80202 Telephone: 303 534-5040 Facsimile: e-mail: Attorney for Defendants General Steel Domestic Sales, LLC; Genstone Enterprises, LLC and Jeff Knight; s/Susan M. Hargleroad Susan M. Hargleroad PENDLETON, FRIEDBERG, WILSON & HENNESSEY, P.C. 1875 Lawrence Street, 10th Floor Denver, CO 80202 Telephone: 303 839-1204 Facsimile: e-mail: Attorney for Defendant Charles Demarest. CERTIFICATE OF SERVICE

I hereby certify that on November 22, 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: Susan M. Hargleroad Pendleton, Friedberg, Wilson & Hennessey, P.C. [email protected] Kurt S. Lewis Lewis Scheid LLC [email protected] s/ John A. DeSisto

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