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

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

Document 55

Filed 07/01/2005

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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 SECOND 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 fourteen (14) days, to and including July 19, 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 two extensions of time, Plaintiff filed his brief in opposition to Sun's motion for summary judgment on June 3, 2005. Pursuant to a previously granted motion for extension of time Sun's reply brief is currently due July 5, 2005. 3. The issues raised by Plaintiff's complaint and in Sun's motion for summary

judgment are complex. Plaintiff's response brief is twenty-six pages long and cites to hundreds of pages of documents and deposition transcripts, including a twelve page affidavit of Plaintiff. In addition, counsel for Sun have had busy calendars in June because of work on other matters and as a result of previously scheduled vacations. Lead counsel for Sun, Steven Merker, who

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

Document 55

Filed 07/01/2005

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has primary responsibility for drafting Sun's reply brief, has been on a previously scheduled vacation since June 25, 2005 and will be out of the office until July 11, 2005. Accordingly, Sun requires some additional time to prepare its reply brief. 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 fourteen (14) days, to and including July 19, 2005, within which to file a reply brief in support of its motion for summary judgment. Submitted this 1st day of July, 2005. s/ R. Stephen Hall 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 55

Filed 07/01/2005

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CERTIFICATE OF SERVICE The undersigned hereby certifies that on July 1, 2005, a true and correct copy of the foregoing UNOPPOSED SECOND 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- mailed 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/ R. Stephen Hall 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]

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