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

Case 1:03-cv-02671-RPM

Document 38

Filed 06/30/2006

Page 1 of 2

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 03-cv-2671-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. ____________________________________________________________________________ JOINT MOTION FOR ENLARGEMENT OF TIME _____________________________________________________________________________ At a hearing before the Court regarding Plaintiffs' Motion for Class Certification held on June 1, 2006, the Court directed the parties to confer to attempt to reach agreement on a proposed class definition in accordance with the Court's rulings at the hearing, a proposed class certification order, and a proposed modified scheduling order. The Court also directed the parties to file those items within 30 days of the date of the hearing, which will be July 3, 2006. Since the time of the hearing, the parties have pursued discussions and good-faith negotiations in an attempt to reach agreement on those items. However, as of today no final concurrence on their terms has been achieved. While the parties remain hopeful that agreement can be reached, both parties agree that an additional short period of time will be needed for that to be possible. Given that agreement is possible soon, the parties believe that it would be a more efficient use of their and the Court's

Case 1:03-cv-02671-RPM

Document 38

Filed 06/30/2006

Page 2 of 2

resources for them to continue to work toward agreement rather than file separate proposals. Accordingly, the parties hereby jointly move the Court to extend until July 10, 2006 the time for the parties to file a proposed class definition, class certification order, and modified scheduling order. Dated: June 30, 2006 HILL & ROBBINS, P.C. By: s/ Robert F. Hill Robert F. Hill John H. Evans Hill & Robbins, P.C. 100 Blake Street Building 1441 Eighteenth Street Denver, CO 80202 Telephone: (303) 296-8100 Douglas R. Sprong Korein Tillery LLC 701 Market Street, Suite 300 St. Louis, MO 63101-1820 Telephone: (314) 241-4844 Attorneys for Plaintiffs Attorneys for Defendant NIXON PEABODY, LLP 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 Michael S. Beaver Gregory B. Eurich Holland & Hart LLP 8390 East Crescent Parkway Suite 400 Greenwood Village CO 80111 Telephone: (303) 290-1600

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