Free Response to Motion - District Court of Colorado - Colorado

Case 1:03-cv-02671-RPM

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Filed 08/10/2007

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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' PARTIAL OPPOSITION TO PLAINTIFFS' MOTION FOR EXTENSION OF TIME TO FILE "RESPONSE" TO SUMMARY JUDGMENT MOTION ______________________________________________________________________________ Defendants Gannett Retirement Plan and Gannett Co., Inc. oppose, in part, plaintiffs' motion for an extension of time to file a response to defendants' motion for summary judgment, and for permission untimely to move for summary judgment, state as follows: 1. In the title of their Motion, plaintiffs purport to seek only an extension of time to

respond to defendants' Motion for Summary Judgment. However, and without fully informing the Court, plaintiffs seek much more. Plaintiffs state in their Motion that they will file a crossmotion for summary judgment as part of their "response." The scheduling order in this case, however, required the parties to file dispositive motions by July 20, 2007. Plaintiffs completely missed this deadline, did not request an extension before expiration of this deadline, and do not

Case 1:03-cv-02671-RPM

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now expressly seek leave to file out of time. Plaintiffs provide no statement of good cause or other explanation for their failure. Plaintiffs' "imbedded," unstated motion for leave to file a dispositive motion nearly two months out of time should be denied. 2. With respect to plaintiffs' request for additional time within which to file their

response to defendants' Motion for Summary Judgment, plaintiffs failed to inform the Court that defendants had told plaintiffs that they agreed to a reasonable extension of time for plaintiffs to file their response to defendants' motion for summary judgment, up to and including fifteen (15) days. 3. Plaintiffs have failed to set forth any facts or circumstances in support of their

motion for an unusual extension of thirty (30) days to respond to defendants' Motion for Summary Judgment (i.e., a response period of nearly two months). Indeed, plaintiffs offer no explanation why their "effort to respond to the issues raised in Defendants' motion and present those issues for resolution by the court" cannot be accomplished within a 15 day extension period. Accordingly, should the Court grant plaintiffs' motion for an extension of time to file responding papers, defendants respectfully request that the deadlines for both parties be extended by 15 days.

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Dated: August 10, 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.

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C ERTIFICATE O F S ERVICE
I hereby certify that on August 10, 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]
3749314_1.DOC

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