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

Case 1:04-cv-01025-ZLW-BNB

Document 92

Filed 09/08/2005

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 04-CV-1025-ZLW-BNB DALE ASMUSSEN, Plaintiff, v. WELD COUNTY SCHOOL DISTRICT RE3-J, MARVIN WADE, in his individual capacity, and CYNDI LOVELL, in her individual capacity, Defendants. ______________________________________________________________________________ DEFENDANTS' UNOPPOSED MOTION TO EXTEND DEADLINE FOR REPLY BRIEF IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT ______________________________________________________________________________ Defendants, through their attorneys SEMPLE, MILLER, MOONEY, & FARRINGTON, P.C., by Patrick B. Mooney, pursuant to Fed.R.Civ.P. 6(b), hereby move this Court to extend the deadline for Defendants' Reply Brief in support of their Motion for Summary Judgment. In support hereof, Defendants state: 1. Certification. Defense counsel certifies that Plaintiff's counsel has been contacted

regarding this motion. Defense counsel is authorized to state that Plaintiff's counsel does not oppose the requested extension of time. 2. On August 22, 2005, the Court entered a Pre-Trial order setting a deadline of

September 9, 2005 for Defendants' Reply Brief in support of their Motion for Summary Judgment.

Case 1:04-cv-01025-ZLW-BNB

Document 92

Filed 09/08/2005

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3.

Over the past two weeks, Erica White, the attorney formerly responsible for this

case, has left the firm and Patrick Mooney has been out of the office for several days attending to depositions and numerous unanticipated matters. Due to these circumstances, defense counsel needs an additional seven days within which to file a Reply Brief in support of the Motion for Summary Judgment on Defendants' behalf. 4. Neither party will be prejudiced if the Court grants this extension for Defendants

to file a Reply Brief in support of its Motion for Summary Judgment. WHEREFORE, Defendants request an extension of time up to and including September 16, 2005, within which to file Defendants' Reply Brief in support of their Motion for Summary Judgment. Respectfully submitted this 8th day of September, 2005. SEMPLE, MILLER, MOONEY & FARRINGTON, P.C. s/Patrick B. Mooney By: ________________________________ Patrick B. Mooney 1120 Lincoln Street, Suite 1308 Denver, CO 80203 (303) 595-0941 ATTORNEYS FOR DEFENDANTS Document filed electronically. Original signature on file at Semple, Miller, Mooney & Farrington, P.C.

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Case 1:04-cv-01025-ZLW-BNB

Document 92

Filed 09/08/2005

Page 3 of 3

CERTIFICATE OF MAILING I hereby certify that on the 8th day of September 2005, a true and correct copy of the foregoing DEFENDANTS' UNOPPOSED MOTION TO EXTEND DEADLINE FOR REPLY BRIEF IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT was filed and served via CM/ECF to the following : Cathy L. Cooper, Esq. Colorado Education Association 1500 Grant Street Denver, CO 80203 /s Tammi J. Evans Legal Secretary ____________________________________

G:\Weld\Asmussen\p\Motion for Ext of Reply Brief to MSJ Deadline 050908

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