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

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

Document 79

Filed 07/27/2005

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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.

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 fourteen (14) day extension of time in which to respond to Defendants' Motion for Summary Judgment. As grounds therefor, Plaintiff states as follows: 1. Certification: Counsel for Plaintiff certifies that she has conferred by telephone

with opposing counsel and that counsel for Defendants has no objection to the requested extension. 2. Defendants filed their Motion for Summary Judgment on July 8, 2005. Per

D.C.Colo.L.R. 7.1C and by Order of this Court of July 11, 2005, Plaintiff's Response Brief is presently due August 1, 2005. 3. This is the first extension of time requested by Plaintiff to seek sufficient time in

which to prepare and file his Response Brief to Defendants' Motion.
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Case 1:04-cv-01025-ZLW-BNB

Document 79

Filed 07/27/2005

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4.

During the period of time originally permitted for responding to Defendants'

Motion for Summary Judgment, counsel for Plaintiff was required to be out of the office assisting with her parents' medical issues; was assigned to handle a new legal matter in Longmont requiring immediate attention; and was assigned to prepare for an unanticipated unemployment appeal hearing. Counsel for Plaintiff was also required to travel out of town to work on scheduling orders and disclosures in two other cases. 5. As a result of the unanticipated matters above, over and above counsel's normal

workload, and as a result of prescheduled vacations of office support personnel, which leaves counsel without secretarial support for six days, counsel for Plaintiff cannot complete an adequate response to Defendants' Motion for Summary Judgment by August 1, 2005. 6. Plaintiff's counsel will be able to complete and file her Response Brief by August

15, 2005, and a fourteen (14) day extension of time will prejudice no party. WHEREFORE, Plaintiff respectfully requests this Court grant an additional fourteen (14) days, up to the close of business August 15, 2005, in which to file Plaintiff's Response to Defendants' Motion for Summary Judgment. DATED this 27th day of July, 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 79

Filed 07/27/2005

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CERTIFICATE OF SERVICE (CM/ECF) AND MAILING The undersigned certifies that on the 27th day of July, 2005, the within 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: 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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