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

Case 1:04-cv-00023-LTB

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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 and THE HOWLING PIG, an unincorporated association, Plaintiffs, vs. JOHN SUTHERS, et al., Defendants.

PLAINTIFFS' UNOPPOSED MOTION FOR EXTENSION OF TIME TO RESPOND TO DEFENDANT KNOX'S RENEWAL OF MOTION TO DISMISS PLAINTIFFS' THIRD CLAIM FOR RELIEF
Plaintiffs Thomas Mink and The Howling Pig request an extension of time to and including March 10, 2008, in which to respond to Defendant Knox's Renewal of Motion to Dismiss Plaintiffs' Third Claim for Relief. As grounds therefor, Plaintiffs state as follows: 1. On January 29, 2008, Defendant Knox filed a pleading entitled "Notice of Denial

of Petition for Writ of Certiorari and Renewal of Motion to Dismiss Plaintiffs' Third Claim for Relief Against Susan Knox." The basis for the renewal of the Motion to Dismiss is qualified immunity. 2. Before this Court's dismissal of Plaintiff's claims and subsequent review and

partial reversal by the Tenth Circuit, Defendant Knox had raised the issue of qualified immunity. Her recent pleading purports to "reincorporate" the arguments presented in her briefing to this

Case 1:04-cv-00023-LTB

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Court in 2004. She also cites and argues a Tenth Circuit decision issued in 2005 after the prior briefing, Douglas v. Dobbs, 419 F.3d 1097 (10th Cir. 2005). 3. As a result of the procedural posture of this case, and Defendant Knox's renewal

of her Motion to Dismiss, the current briefing on qualified immunity is disjointed. The Court has scheduled a status hearing in this case for February 27, 2008. At that hearing, Plaintiffs will inquire of the Court as to its preference in briefing the qualified immunity issue for the Court's determination. In the interim, Plaintiffs request an extension to and including March 10, 2008 in which to respond to the renewal of the Motion to Dismiss. 4. The undersigned consulted with counsel for Defendant Knox, who does not

oppose this motion.

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Dated February 19, 2008 Respectfully submitted,

s/ A. Bruce Jones A. Bruce Jones Marcy G. Glenn ACLU Cooperating Attorneys HOLLAND & HART LLP 555 Seventeenth Street, Suite 3200 Post Office Box 8749 Denver, CO 80201-8749 Telephone: (303) 295-8000 Facsimile: (303) 295-8261 D.C. Box 06 Mark Silverstein American Civil Liberties Union Foundation of Colorado 400 Corona Street Denver, CO 80218 (303) 777-5482 ATTORNEYS FOR PLAINTIFFS

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Case 1:04-cv-00023-LTB

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CERTIFICATE OF SERVICE

I hereby certify that on 2/19/2008, I have caused to be electronically filed the foregoing with the Clerk of Court using CM/ECF system which will send notification of such filing to the following e-mail addresses: David R. Brougham Hall & Evans, LLC [email protected] William V. Allen Assistant Attorney General [email protected]

Served via U.S. Mail: Thomas Mink 1604 S. Lincoln Street Denver, CO 80201 s/ A. Bruce Jones HOLLAND & HART LLP 555 Seventeenth Street, Suite 3200 Post Office Box 8749 Denver, Colorado 80201-8749 Phone: (303) 295-8232 Fax: (303) 975-5385 [email protected] ATTORNEYS FOR PLAINTIFF

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