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

Case 1:03-cv-02671-RPM

Document 60

Filed 09/21/2007

Page 1 of 4

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 03-cv-02671 RPM JOHNNY WELLS, DONALD J. BROOKINS, and RILEY ANDREW SCHAEFFER, on behalf of themselves and all others similarly situated, Plaintiffs, v. GANNETT RETIREMENT PLAN and GANNETT CO., INC., Defendants. ______________________________________________________________________________ DEFENDANTS' UNOPPOSED MOTION FOR EXTENSION TO FILE REPLY IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT, AND RESPONSE TO PLAINTIFFS' CROSS-MOTION FOR SUMMARY JUDGMENT ___________________________________________________________________________ Defendants Gannett Retirement Plan (the "Plan") and Gannett Co. ("Gannett"), Inc. hereby move for a 30-day extension of time to file their Reply in support of their Motion for Summary Judgment, and their Response to Plaintiffs' Cross Motion for Summary Judgment. In support of this Motion, Gannett and the Plan state as follows: 1. Gannett and the Plan filed their Motion for Summary Judgment on July 20, 2007.

Plaintiffs sought, and were granted, an extension of time of 30 days to respond to Gannett's Motion for Summary Judgment, and to cross-move for Summary Judgment. 2. Gannett and the Plan need additional time to research and respond to issues raised

by Plaintiffs in their lengthy brief.

Case 1:03-cv-02671-RPM

Document 60

Filed 09/21/2007

Page 2 of 4

3.

By operation of D.C.COLO.LCivR 7.1, without an extension, Defendants' Reply

in support of their Motion for Summary Judgment, and their Response to Plaintiff's cross-motion for Summary Judgment, would otherwise be due on or before October 2, 2007. Gannett and the Plan seek an extension of 30 days, through and including November 1, 2007, within which to file their Reply and Response. 4. No previous extensions have been sought by Defendants with respect to the

deadline at issue. 5. Pursuant to D.C.COLO.LCivR 7.1(A), counsel for Defendants has conferred with

Plaintiffs' counsel regarding the extension sought. Plaintiffs' counsel expressed no objection. 6. Defendants consent in advance to a corresponding extension for Plaintiffs to file

their reply in support of their cross-motion for Summary Judgment. WHEREFORE, Defendants respectfully move for an extension of time of 30 days, through and including November 1, 2007, to file their Reply in support of their Motion for Summary Judgment, and the Response to Plaintiff's cross-motion for Summary Judgment.

2

Case 1:03-cv-02671-RPM

Document 60

Filed 09/21/2007

Page 3 of 4

Dated: September 21, 2007

By: /s/ Margaret A. Clemens Margaret A. Clemens NIXON PEABODY LLP Clinton Square, P.O. Box 31051 1300 Clinton Square Rochester, NY 14603-1051 Telephone: (585) 263-1000 Fax: (585) 263-1600 [email protected]

/s/Michael S. Beaver Michael S. Beaver HOLLAND & HART LLP 8390 E. Crescent Parkway #400 Greenwood Village, CO 80111 Telephone: (303) 290-1600 Fax: (303) 290-1606 [email protected] Attorneys for Gannett Retirement Plan and Gannett Co., Inc.

3

Case 1:03-cv-02671-RPM

Document 60

Filed 09/21/2007

Page 4 of 4

C ERTIFICATE O F S ERVICE
I hereby certify that on September 21, 2007, I 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: Robert F. Hill [email protected] John H. Evans [email protected] Douglas R. Sprong [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 (mail, hand-delivery, etc.) indicated by the non-participants name: N/A

s/ Michael S. Beaver Michael S. Beaver Attorney for Defendants Holland & Hart LLP 8390 East Crescent Parkway, Suite 400 Greenwood Village, CO 80111-2800 Telephone: (303) 290-1600 Fax: (303) 290-1606 [email protected]
3766732_1.DOC

4