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

Case 1:04-cv-01009-EWN-MEH

Document 98

Filed 06/07/2006

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 04-cv-1009-EWN-MEH MARIAN J. BARCIKOWSKI, v. SUN MICROSYSTEMS, INC., a Delaware corporation, Defendant. ______________________________________________________________________________ PLAINTIFF'S UNOPPOSED MOTION FOR EXTENSION OF TIME TO FILE STIPULATED MOTION TO DISMISS ______________________________________________________________________________ COMES NOW the Plaintiff, by and through his attorneys, Roseman & Kazmierski, LLC, and respectfully moves that this Court grant him a nine-day extension of time, to and including June 16, 2006, to file a stipulated motion to dismiss this case. AND FOR CAUSE, Plaintiff shows unto the Court: 1. 2006." 2. The parties have exchanged drafts of a settlement agreement. However, they are not On May 31, 2006, this Court entered a Minute Order, directing the parties, Plaintiff,

"[p]ursuant to the settlement in this case, ... to submit a stipulation of dismissal on or before June 7,

in agreement on certain terms of that agreement. 3. On or about May 31, 2006, Plaintiff's undersigned attorney telephoned Mag. Judge Judge Hegarty informed Plaintiffs' undersigned attorney that he would

Michael E. Hegarty to request his assistance in mediating the parties' dispute over those terms of the settlement agreement. contact Steven J. Merker, lead counsel for Defendant in this case, to attempt to help the parties resolve those differences. 4. On June 2, 2006, Judge Hegarty left a telephone message for Plaintiff's undersigned

attorney. He stated in that message that he had attempted to speak to Mr. Merker by telephone, but to no avail, and that he would not be available to continue those efforts during the week of June 5, 2006. Mr. Merker informed Plaintiff's undersigned attorney, on June 5, 2006, that he and Judge Hegarty had exchanged telephone messages but had not spoken to each other about the parties' differences concerning certain terms in the settlement agreement.

Case 1:04-cv-01009-EWN-MEH

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Filed 06/07/2006

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5.

Plaintiff requests that this Court grant him an additional nine (9) days, to and Plaintiff

including June 16, 2006, to submit a stipulated motion for dismissal of this case.

understands that Judge Hegarty again will be available, during the week of June 12, 2006, to try to help the parties resolve their differences. Plaintiff hopes that he will be successful in doing so during that time. 6. Plaintiff's attorneys certify that they have discussed the extension of time requested Mr. Merker informed Plaintiff's

this Motion with opposing counsel before filing it. Specifically, Plaintiff's undersigned attorney discussed this Motion with Mr. Merker on June 5, 2006. to the extension of time requested in this Motion. WHEREFORE, Plaintiff moves that this Court grant him a nine-day extension of time, to and including June 16, 2006, to file a stipulated motion to dismiss this case. Respectfully submitted, ROSEMAN & KAZMIERSKI, LLC s/Barry D. Roseman BARRY D. ROSEMAN 1120 Lincoln Street, Suite 1607 Denver, Colorado 80203 303/839-1771 Attorneys for Plaintiff CERTIFICATE OF SERVICE The undersigned hereby certifies that, on the seventh day of June, 2006, a true and correct copy of the above and foregoing Plaintiff's Unopposed Motion for Extension of Time to File Stipulated Motion to Dismiss was sent via CM/ECF electronic filing, addressed to the following party: Steven J. Merker, Esq. R. Stephen Hall, Esq. DORSEY & WHITNEY LLP 370 17th Street, Suite 4700 Denver, Colorado 80202-5647 undersigned attorney in that telephone conversation that Defendant takes no position with respect

s/Karin C. Bailey Karin C. Bailey

Case 1:04-cv-01009-EWN-MEH

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Filed 06/07/2006

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CERTIFICATE OF SERVICE The undersigned hereby certifies that, on the seventh day of June, 2006, a true and correct copy of the above and foregoing Plaintiff's Unopposed Motion for Extension of Time to File Stipulated Motion to Dismiss was sent via electronic mail, addressed to the following party: Marian J. Barcikowski 8757 Fawnwood Drive Castle Rock, CO 80108-8248

s/Karin C. Bailey Karin C. Bailey