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

Case 1:03-cv-02671-RPM

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Filed 08/08/2007

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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 RESPONSE TO SUMMARY JUDGMENT MOTION _____________________________________________________________________________ Plaintiffs, through their undersigned counsel, pursuant to Fed. R. Civ. P. 56 and D.C.COLO.L.Civ.R. 56.1, hereby move the court to extend the time for Plaintiffs to file a Response to Defendant's Motion for Summary Judgment until and including September 12, 2007. The grounds for this Motion are: 1. On July 20, 2007, the Defendant filed a Motion for Summary Judgment along

with a 40 page brief and three lengthy declarations and exhibits in support thereof. Plaintiffs will be filing a Response Brief to that motion, as well as a Cross-Motion for Summary Judgment on the issues raised in it. Plaintiffs anticipate that the determination of the parties' respective Motions for Summary Judgment will resolve most if not all of the issues of liability before the Court in this case.

Case 1:03-cv-02671-RPM

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2.

Plaintiffs' response currently is due to be filed by August 13, 2007. In an effort to

respond to the issues raised in Defendants' motion and present those issues for resolution by the court in a full and appropriate fashion, Plaintiffs respectfully request that they be allowed an additional 30 days, until September 12, 2007 to file their response to Defendant's Motion for Summary Judgment, as well as any related Cross-Motion for Summary Judgment that they may wish to file. This is Plaintiffs' first request for any extension of time to respond to Defendants' motion. 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 have conferred with counsel for Defendant with regard to this Motion. Defendants do not agree to the requested extension of time. If the Court grants Plaintiffs' Request for extension, Plaintiffs have no objection to the Court also giving Defendants an extension to file their reply in support of their Motion for Summary Judgment and a response to any Cross-Motion for Summary Judgment filed by Plaintiffs. WHEREFORE, Plaintiffs respectfully request that they be given an extension of time, up to and including September 12, 2007, within which to file their response to the Motion for Summary Judgment, along with any related Cross-Motion for Summary Judgment. In the event the Court denies the extension requested herein, Plaintiffs respectfully request that they be granted five days from the date of any such denial within which to make their filing. Respectfully submitted: August 8, 2007

HILL & ROBBINS, P.C. By: s/ Robert F. Hill Robert F. Hill John H. Evans Hill & Robbins, P.C.

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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 August 8, 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] [email protected] [email protected] [email protected] Margaret A. Clemens Nixon Peabody LLP Clinton Square, P.O. Box 31051 1300 Clinton Square Rochester, NY 14603-1051 [email protected]

s/Robert F. Hill_______________________ Attorneys for Johnny Wells, et. al. John H. Evans

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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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