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

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

Document 81

Filed 08/15/2005

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.

SECOND UNOPPOSED MOTION FOR EXTENSION OF TIME

The Plaintiff, by and through his counsel of record, and pursuant to Fed.R.Civ.P. 6(b) and D.C.Colo.L.R. 7.1A and B, hereby moves the Court for a seven (7) day extension of time in which to respond to Defendants' Motion for Summary Judgment. As grounds therefor, Plaintiff states as follows: 1. Certificate of Compliance: Counsel for Plaintiff certifies that she has conferred

with opposing counsel by telephone and is authorized to state that there is no objection to the requested extension. 2. Plaintiff's Response to Defendants' Motion for Summary Judgment was originally

due on August 1, 2005. One previous extension of fourteen days was granted by this Court, and Plaintiff's Response Brief is presently due on August 15, 2005. 3. Counsel for Plaintiff has been working diligently on the Response Brief in an effort

to file the brief by August 15, 2005; however, she underestimated the time necessary for doing so.
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Case 1:04-cv-01025-ZLW-BNB

Document 81

Filed 08/15/2005

Page 2 of 3

The record in this case is voluminous and the time needed to review the several volumes of depositions, the production of discovery which consists of several thousand pages between the two parties, and obtain affidavits has consumed more time than counsel anticipated. This work, in addition to the normal press of business has made it necessary to request the additional time. 4. An additional seven days will be sufficient in which to complete the brief and file

it with this Court. No further extensions will be necessary, and an additional seven days will prejudice no party. WHEREFORE, Plaintiff respectfully requests this Court grant an extension of seven (7) days, to the close of business August 22, 2005, in which to file his Response to Defendants' Motion for Summary Judgment. DATED this 15th 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] CERTIFICATE OF SERVICE (CM/ECF) AND MAILING The undersigned certifies that on the 15th day of August, 2005, the within SECOND UNOPPOSED MOTION FOR EXTENSION OF TIME 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:

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

Document 81

Filed 08/15/2005

Page 3 of 3

Erica White, Esq. Semple, Miller, Mooney & Farrington, P.C. 1120 Lincoln St., Ste. 1308 Denver, CO 80203 Email: [email protected]

and that a true and correct copy was mailed, by placing the same in a U. S. Mail Depository, first class postage prepaid, addressed to Plaintiff at the following address: Dale L. Asmussen 1620 3rd Street, S.W. Loveland, CO 80537

/s/ P. J. Morris

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