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

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

Document 53

Filed 06/21/2005

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 04-N-1009-OES MARIAN J. BARCIKOWSKI, Plaintiff, v. SUN MICROSYSTEMS, INC., a Delaware corporation Defendant. ______________________________________________________________________________ UNOPPOSED 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 5, 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.

Plaintiff filed his brief in opposition to Sun's motion for summary judgment on June 3, 2005. Sun's reply brief is currently due June 21, 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 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 the last few weeks because of work on other matters and as a result of previously scheduled vacations. Accordingly, Sun requires some additional time to prepare its reply brief.

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

Document 53

Filed 06/21/2005

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4.

Sun believes that good cause exists for the brief 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 5, 2005, within which to file a reply brief in support of its motion for summary judgment. Submitted this 21st day of June, 2005. s/ R. Stephen Hall Steven J. Merker R. Stephen Hall DORSEY & WHITNEY LLP 370 17th Street, Suite 4700 Denver, Colorado 80202 Phone 303-629-3400 Fax: 303-629-3450 E-mail: [email protected] Attorneys for Defendant Sun Microsystems, Inc.

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

Document 53

Filed 06/21/2005

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CERTIFICATE OF SERVICE The undersigned certifies that on this 21st day of June, 2005, a true and correct copy of the foregoing UNOPPOSED MOTION FOR EXTENSION OF TIME TO FILE REPLY BRIEF was electronically filed 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 Sun Microsystems, Inc. c/o Stephen M. Kociol, Esq. 4120 Network Cirlce m/s SCA 12-202 Santa Clara, CA 95054 Courtesy copy to: Honorable O. Edward Schlatter United States District Court Judge [email protected]

[email protected]

[email protected]

s/ R. Stephen Hall R. Stephen Hall DORSEY & WHITNEY LLP 370 17th Street, Suite 4700 Denver, Colorado 80202 Phone 303-629-3400 Fax: 303-629-3450 E-mail: [email protected]

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