Free Motion to Withdraw - District Court of Colorado - Colorado

Case 1:04-cv-00053-WYD-MJW

Document 63

Filed 02/17/2006

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 04-cv-53-WYD-MJW BONNIE WINCHESTER Plaintiff, v. BRIAN COSAINEAU THOMAS BEACH JAMES COLE TROY NICHOLSON RANDALL PICKREL DAN ALLEY MILES KUBLY and GAIL CONNER, Defendants.

MOTION TO WITHDRAW MOTION FOR EXTENSION OF TIME TO FILE NOTICE OF APPEAL

Plaintiff-Appellant, Bonnie Winchester, through her attorneys, The Law Firm of Cisneros & Schendzielos, LLC, respectfully moves this Court to withdraw the motion to extend the time for filing a notice of appeal in this matter pursuant to Fed.R.App.P. 4(a)(5); and AS GROUNDS THEREFORE, states as follows: D.C.Colo.L.Civ.R. 7.1 CERTIFICATION Counsel for Ms. Winchester hereby certifies that he has conferred with counsel for defendants, Eric Ziporin concerning this motion. Mr. Ziporin states that defendants have no objection to the relief sought herein on the terms and conditions stated herein. 1. Ms. Winchester has filed an Unopposed Motion to Dismiss Appeal Pursuant to Fed.R.App.P. 42(b) with the United States Court of Appeals for the Tenth Circuit.

Case 1:04-cv-00053-WYD-MJW

Document 63

Filed 02/17/2006

Page 2 of 3

2. As Ms. Winchester is voluntarily dismissing the appeal in this matter, it is no longer necessary for this Court to consider an extension of time for the filing of the Notice of Appeal. 3. Each party is to bear their own costs relating to the appeal of this matter. WHEREFORE Ms. Winchester asks the Court to allow her to withdraw her motion for extension of time to file the notice of appeal and for such other and further relief as the Court deems appropriate. Dated this 17th day of February, 2006. Respectfully submitted, THE LAW FIRM OF CISNEROS & SCHENDZIELOS, LLC

By: s/ Daniel J. Schendzielos Daniel J. Schendzielos 6426 South Quebec Street Englewood, Colorado (303) 773-6600 Attorneys for Plaintiff CERTIFICATE OF SERVICE/MAILING I hereby certify that on this 17th day of February 2006 the original and true and correct copies of the foregoing MOTION TO WITHDRAW MOTION OF EXTENSION TO FILE NOTICE OF APPEAL were served as follows: Original by e-filing to United States District Court District of Colorado 901 19th Street Denver, Colorado 80294-3589 Copy by e-mail and U.S. Mail to Eric Ziporan, Esq. Senter Goldfarb and Rice 1700 Broadway, Suite 1700 Denver, CO 80290 2

Case 1:04-cv-00053-WYD-MJW

Document 63

Filed 02/17/2006

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Copy by U.S. Mail to Bonnie Winchester 4395 South Hoyt Street Littleton, CO 80123.

s/ Janice R. Tanquary Certifier

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