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

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

Document 57

Filed 07/19/2005

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 04-cv-01009-EWN-OES MARIAN J. BARCIKOWSKI, Plaintiff, v. SUN MICROSYSTEMS, INC., a Delaware corporation Defendant. ______________________________________________________________________________ UNOPPOSED THIRD MOTION FOR EXTENSION OF TIME TO FILE REPLY BRIEF ______________________________________________________________________________ Sun Microsystems, Inc. ("Sun"), by and through its undersigned attorneys, respectfully moves that this Court grant it an additional seven days, to and including July 26, 2005, to file a reply brief in support of its motion for summary judgment. 1. Certificate of compliance pursuant to D.C.COLO. LCivR. 7.1: The

undersigned counsel has conferred with counsel for Plaintiff regarding this motion. Mr. Roseman has stated that Plaintiff does not oppose this motion. 2. Sun filed a motion for summary judgment in this matter on March 23, 2005.

After three extensions of time, Plaintiff filed his brief in opposition to Sun's motion for summary judgment on June 3, 2005. Pursuant to previously granted motions for extension of time Sun's reply brief is currently due July 19, 2005. 3. The Plaintiff's brief in opposition to Sun's motion for summary judgment is

twenty-six pages long and cites to hundreds of pages of documents and deposition transcripts, including a twelve page affidavit of Plaintiff. That, in combination with various overlapping

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

Document 57

Filed 07/19/2005

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vacations of Sun's outside and in-house counsel involved in this case, and the need to have Sun's reply brief reviewed and approved by Sun, have led to the filing of this motion. 4. Sun believes that good cause exists for the additional extension of time requested

herein and that the granting of this motion will not unduly delay the resolution of this matter. WHEREFORE, Sun respectfully moves that the Court grant this motion and order that Sun shall have an extension of time of seven days, to and including July 26, 2005, within which to file a reply brief in support of its motion for summary judgment. Submitted this 19th day of July, 2005. s/ Steven J. Merker Steven J. Merker R. Stephen Hall DORSEY & WHITNEY LLP 370 17th Street, Suite 4700 Denver, Colorado 80202 303-629-3400 303-629-3450 [email protected] [email protected] Attorneys for Defendant Sun Microsystems, Inc.

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

Document 57

Filed 07/19/2005

Page 3 of 3

CERTIFICATE OF SERVICE The undersigned hereby certifies that on July 19, 2005, a true and correct copy of the foregoing UNOPPOSED THIRD MOTION FOR EXTENSION OF TIME TO FILE REPLY BRIEF was electronically filed the foregoing with the Clerk of Court using the CM/ECF system which will send notification of such filing to the following e-mail addresses: Barry D. Roseman, Esq. Roseman & Kazmiereski, L.L.C. 1120 Lincoln Street, Suite 1607 Denver, CO 80203 Courtesy copy to: Honorable O. Edward Schlatter United States District Court Judge [email protected]

[email protected]

and I hereby certify that I have served via e-mail the document to the following non CM/ECF participants in the manner indicated by the non-participant's name: Sun Microsystems, Inc. c/o Stephen M. Kociol, Esq. 4120 Network Circle m/s SCA 12-202 Santa Clara, CA 95054 Via e-mail: [email protected]

s / Steven J. Merker Steven J. Merker R. Stephen Hall DORSEY & WHITNEY LLP 370 17th Street, Suite 4700 Denver, Colorado 80202 303-629-3400 303-629-3450 [email protected] [email protected]

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