Free Motion for Extension of Time - District Court of Colorado - Colorado

Case 1:04-cv-00023-LTB

Document 67

Filed 03/18/2008

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO

Civil Action No. 04-cv-00023-LTB-CBS THOMAS MINK, Plaintiff, v. SUSAN KNOX, a Deputy District Attorney working for the 19th Judicial District Attorney's Office, in her individual capacity, Defendant. ______________________________________________________________________________ DEFENDANT'S UNOPPOSED MOTION FOR EXTENSION OF TIME TO SUBMIT RENEWED MOTION TO DISMISS with proposed Order ______________________________________________________________________________ Defendant Susan Knox, by and through her counsel, David R. Brougham, Esq. and Andrew D. Ringel, Esq. of Hall & Evans, L.L.C., hereby submits this Unopposed Motion for Extension of Time to Submit Renewed Motion to Dismiss, and as grounds therefore states as follows: 1. On February 27, 2008, this Court held a Status/Scheduling Conference. During

that Conference, this Court set a deadline of March 18, 2008, for Defendant Susan Knox to file her Renewed Motion to Dismiss. [See Courtroom Minutes, 2/27/08 (Doc. 63)]. Defendant now respectfully requests an extension of seven (7) days until and including March 25, 2008, in which to submit her Renewed Motion to Dismiss in this case. 2. The undersigned counsel has the responsibility for researching and drafting the

Defendant's Renewed Motion to Dismiss in this matter. In addition, the undersigned counsel has

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had and has the following other additional responsibilities in a variety of other different matters: (a) preparing witnesses for depositions in Charles Caldwell and Vicki Caldwell v. Park County et. al., on March 4, 2008, in Fairplay, Colorado; (b) the deposition of Jere Sutton, D.O., in Ronald Grassi and Debra Grassi v. Corrections Corporation of America and Jere Sutton, D.O., United States District Court for the District of Colorado, Civil Action No. 07-cv-00944-MSKCBS, on March 14, 2008, in Pueblo, Colorado; (c) extensive discovery responses in Aaron Spatziani v. Corrections Corporation of America et. al., United States District Court for the District of Colorado, Civil Action No. 07-cv-01234-RPM-MEH, due March 17, 2008; and (d) extensive discovery responses in an arbitration before the American Arbitration Association due on March 21, 2008. Based on these other responsibilities, as well as other responsibilities not specifically listed above, the undersigned counsel has not had the opportunity to complete the Defendant's Renewed Motion to Dismiss. Accordingly, Defendant respectfully requests an extension of seven (7) days until and including March 25, 2008, to file her Renewed Motion to Dismiss with this Court. No party will be prejudiced by this brief extension of time. 3. Pursuant to D.C.Colo.LCiv.R. 7.1(A), the undersigned counsel for the Defendant

contacted counsel for the Plaintiff, A. Bruce Jones, Esq., to inform him of the Defendant's intent to file the instant Motion. Mr. Jones indicated the Plaintiff does not object to this requested extension of time. 4. Pursuant to D.C.Colo.LCiv.R. 6.1(E), undersigned counsel has served his client

and all counsel with a copy of this Motion as indicated on the certificate of service.

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WHEREFORE, for all of the foregoing reasons, Defendant Susan Knox respectfully requests this Court grant her an extension of time until and including March 25, 2008, within which to file her Renewed Motion to Dismiss, and for all other and further relief as this Court deems just and appropriate. Dated this 18th day of March 2008. Respectfully submitted,

s/ Andrew D. Ringel . Andrew D. Ringel, Esq. Hall & Evans, L.L.C. 1125 17th Street, Suite 600 Denver, CO 80202-2052 303-628-3453 Fax: 303-293-3238 [email protected] ATTORNEYS FOR DEFENDANT

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CERTIFICATE OF SERVICE (CM/ECF) I HEREBY CERTIFY that on the 18th day of March, 2008, I 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: A. Bruce Jones, Esq. Holland & Hart, L.L.P. [email protected] Marcy G. Glenn, Esq. Holland & Hart, L.L.P. [email protected] Mark Silverstein, Esq. ACLU 400 Corona Street Denver, CO 80218 [email protected] [email protected] and I hereby certify that I have mailed or served the document or paper to the following non CM/ECF participants in the manner indicated by the non-participant's name: Susan Knox, Esq. U.S. Attorney's Office 1225 17th St., #700 Denver, CO 80202 s/ Loree Trout, Secretary to Andrew D. Ringel, Esq. Hall & Evans, L.L.C. 1125 17th Street, Suite 600 Denver, CO 80202-2052 303-628-3453 Fax: 303-293-3238 [email protected] .

ATTORNEYS FOR DEFENDANT

H:\Users\RINGELA\weld\Mink 6271-445\USDC pleadings\amended extend motion.doc