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

Case 1:03-cv-02671-RPM

Document 64

Filed 11/20/2007

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 03-cv-02671-RPM-OES JOHNNY WELLS, DONALD J. BROOKINS, and RILEY ANDREW SCHAEFFER, on behalf of themselves and all others similarly situated, Plaintiffs, vs. GANNETT RETIREMENT PLAN and GANNETT CO., INC. Defendants. ____________________________________________________________________________ PLAINTIFFS' MOTION FOR EXTENSION OF TIME TO FILE REPLY IN SUPPORT OF CROSS-MOTION FOR PARTIAL SUMMARY JUDGMENT _____________________________________________________________________________ Plaintiffs, through their undersigned counsel, pursuant to Fed. R. Civ. P. 6 and 56 and D.C.COLO.L.Civ.R. 56.1, hereby move the court to extend by twenty-eight (28) days, to and including December 17, 2007, the time for Plaintiffs to file their Reply in Support of CrossMotion for Partial Summary Judgment,. As grounds for this Motion, Plaintiffs state: 1. CERTIFICATION OF COMPLIANCE WITH C.R.C.P. 121 § 1-15(8): Pursuant

to D.C.COLO.L.Civ.R. 7.1.A, Plaintiffs' counsel conferred with counsel for Defendants with regard to the extension of time requested in this Motion on November 14, 2007. As of the close of business on November 19, 2007, Defendants had not yet been able to respond to Plaintiffs' request for extension of time. However, in their request for a thirty day extension of time to file their Reply in Support of their Motion for Summary Judgment and Response to Plaintiffs' Cross-

Case 1:03-cv-02671-RPM

Document 64

Filed 11/20/2007

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Motion for Partial Summary Judgment, Defendants indicated they would have no objection to Plaintiffs being granted a similar extension with respect to this Reply. 2. On September 12, 2007, Plaintiffs filed their Response to Defendants' Motion for

Summary Judgment along with their cross-motion for entry of partial summary judgment. Defendants requested, and Plaintiffs agreed to, a thirty day extension to November 1, 2007 to file a reply in support of their motion for summary judgment a and a response to Plaintiffs' crossmotion for partial summary judgment. 3. Due to the concurrent demands of other ongoing matters and to in order to

comprehensively reply to the issues raised in Defendants' response and present those issues for resolution by the court in a full and appropriate fashion, Plaintiffs respectfully request that they be allowed an extension of twenty-eight days, to and including until December 17, 2007, within which to file their Reply in Support of Cross-Motion for Partial Summary Judgment. 4. Plaintiffs' reply in support of their cross-motion was due to be filed by November

19, 2007. In the hope of receiving a response from Defendants with respect this request for extension, Plaintiffs' counsel waited through the close of business on November 19, 2007, before filing this Motion. When Plaintiffs' counsel then attempted to file this Motion from his home computer in the evening of November 19, 2007, he was unable to logon to the Court's ECF filing system with either his own or his co-counsel's login ID and password. Plaintiffs' counsel respectfully requests that the Court consider the resulting one-day delay in the filing of this motion to be excusable under the provisions of Fed.R.Civ.P. 6(b) . WHEREFORE, Plaintiffs respectfully request that they be given an extension of time, up to and including December 17 2007, within which to file their Reply in Support of Cross-Motion for Summary Judgment

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Case 1:03-cv-02671-RPM

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Filed 11/20/2007

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Submitted: November 20, 2007

HILL & ROBBINS, P.C. By: s/ John H. Evans Robert F. Hill John H. Evans John F. Walsh Hill & Robbins, P.C. 100 Blake Street Building 1441 Eighteenth Street Denver, CO 80202 Telephone: (303) 296-8100 [email protected] [email protected]

Douglas R. Sprong Korein Tillery LLC 701 Market Street, Suite 300 St. Louis, MO 63101-1820 Telephone: (314) 241-4844 [email protected] Attorneys for Plaintiffs

CERTIFICATE OF SERVICE I hereby certify that on November 20, 2007, 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 email addresses: Michael S. Beaver Greg Eurich Parker W. Dragovich Kerri J. Atencio Holland & Hart LLP 8390 East Crescent Parkway Suite 400 Greenwood Village CO 80111 [email protected] Margaret A. Clemens Nixon Peabody LLP Clinton Square, P.O. Box 31051 1300 Clinton Square Rochester, NY 14603-1051 [email protected]

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Case 1:03-cv-02671-RPM

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Filed 11/20/2007

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[email protected] [email protected] [email protected]

s/ John H. Evans_______________________ Attorneys for Johnny Wells, et. al. Robert F. Hill John H. Evans John F. Walsh Hill & Robbins, P.C. 100 Blake Street Building 1441 Eighteenth Street Denver, CO 80202 Telephone: (303) 296-8100 FAX: (303) 296-2388 Email: [email protected] [email protected] [email protected]

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