Free Motion for Leave to File Excess Pages - District Court of Colorado - Colorado

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

Document 83

Filed 08/22/2005

Page 1 of 3

IN THE UNITED STATES DISTRICT COURT IN AND 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.

MOTION TO FILE RESPONSE BRIEF TO DEFENDANTS' MOTION FOR SUMMARY JUDGMENT IN EXCESS OF 25 PAGES

The Plaintiff, by and through his counsel of record, hereby requests this Court allow him to file his Response Brief to Defendants' Motion for Summary Judgment in excess of 25 pages. As grounds for this Motion, Plaintiff states as follows: 1. Certification: Plaintiff's counsel contacted opposing counsel who takes the

following position: "We have no objection if your brief is over the page limit by a few pages, we will object to the extent it is over the limit by 10-15 pages." 2. Pursuant to the Court's Order of July 11, 2005, the Plaintiff's Response Brief is to

be limited to 25 pages. 3. Defendants' Motion for Summary Judgment is 35 pages. Plaintiff's counsel has

made a diligent effort to keep the Response Brief to 25 pages, but has been unable to do so. The
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Case 1:04-cv-01025-ZLW-BNB

Document 83

Filed 08/22/2005

Page 2 of 3

facts as alleged by Defendants cover five years of employment history and argument on several aspects of Plaintiff's claims. Attempting to reduce Plaintiff's Response Brief further would, counsel fears, force Plaintiff to leave facts alleged by Defendants unrebutted and arguments insufficiently briefed, causing prejudice to Plaintiff's case. Plaintiff's Response Brief is 35 pages, excluding the certificate of service, not grossly in excess of the Court's Order, and, as the Response is the only opportunity Plaintiff has to address issues raised by Defendants, Plaintiff requests the Court reconsider the 25 page limitation. WHEREFORE, Plaintiff respectfully requests this Court allow him to file his Response Brief to Defendants' Motion for Summary Judgment in excess of 25 pages. DATED this 22nd day of August, 2005. Respectfully submitted,

/s/ Cathy L. Cooper Cathy L. Cooper, Esq. COLORADO EDUCATION ASSOCIATION 1500 Grant Street Denver, CO 80203 Telephone: 303-837-1500 Facsimile: 303-861-2039 Email: [email protected]

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

Document 83

Filed 08/22/2005

Page 3 of 3

CERTIFICATE OF SERVICE (CM/ECF) The undersigned certifies that on the 22nd day of August, 2005, the within MOTION TO FILE RESPONSE BRIEF TO DEFENDANTS' MOTION FOR SUMMARY JUDGMENT IN EXCESS OF 25 PAGES was filed with the Clerk of the Court using the CM/ECF system which will send notification of such filing to the following counsel for Defendant via the email address on file with the Court: Erica White, Esq. Semple, Miller, Mooney & Farrington, P.C. 1120 Lincoln St., Ste. 1308 Denver, CO 80203 Email: [email protected]

/s/ P. J. Morris

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