Case 1:04-cv-01009-EWN-MEH
Document 102
Filed 06/16/2006
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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 SECOND 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 seven-day extension of time, to and including June 23, 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 have 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,
had a disagreement about 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 06/16/2006
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5.
On June 7, 2006, Plaintiff requested that this Court grant him an additional nine (9)
days, to and including June 16, 2006, to submit a stipulated motion for dismissal of this case. Plaintiff understood at that Judge Hegarty again would be available, during the week of June 12, 2006, to try to help the parties resolve their differences. 6. During the early evening of June 16, 2006, Mag. Judge Hegarty informed Plaintiff's Plaintiff's
undersigned attorney that he believed he had resolved the parties' differences. language that will appear in the parties' settlement agreement. 7.
undersigned attorney will telephone Mr. Merker the morning of June 19, 2006, to finalize the
Plaintiff requests that this Court grant him an additional seven-day extension of
time, to and including June 23, 2006, to file a stipulated motion for dismissal of this case. Plaintiff will be working in California between June 19 and 22, 2006, inclusive, and will be able to sign the parties' settlement agreement in person when he is back in Colorado on June 23, 2006. 8. 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 16, 2006. to the extension of time requested in this Motion. WHEREFORE, Plaintiff moves that this Court grant him a seven-day extension of time, to and including June 23, 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 undersigned attorney in that telephone conversation that Defendant takes no position with respect
Case 1:04-cv-01009-EWN-MEH
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CERTIFICATE OF SERVICE The undersigned hereby certifies that, on the sixteenth day of June, 2006, a true and correct copy of the above and foregoing Plaintiff's Second 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
s/Karin C. Bailey Karin C. Bailey
CERTIFICATE OF SERVICE The undersigned hereby certifies that, on the sixteenth day of June, 2006, a true and correct copy of the above and foregoing Plaintiff's Second 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