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

Case 1:03-cv-02669-MSK-PAC

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Filed 07/06/2005

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO

Case No. 03-cv-2669-MSK-PAC

LEPRINO FOODS COMPANY, Plaintiff, v. BIG-D CONSTRUCTION CORP. - CALIFORNIA, a Utah corporation; BIG-D CONSTRUCTION CORP., a Utah corporation; and Does 1-100, inclusive, Defendants/Counterclaimants,

BIG-D CONSTRUCTION CORP. - CALIFORNIA, a Utah corporation; BIG-D CONSTRUCTION CORP., a Utah corporation; and Does 1-100, inclusive, Third Party Plaintiffs, v. MARELICH MECHANICAL CO., INC. dba UNIVERSITY MARELICH MECHANICAL, a California corporation, Third Party Defendant.

MARELICH MECHANICAL CO., INC. dba UNIVERSITY MARELICH MECHANICAL, a California corporation, Third Party Plaintiff/Counterclaimant, v. BIG-D CONSTRUCTION CORP. - CALIFORNIA, a Utah corporation; FEDERAL INSURANCE COMPANY, an Indiana corporation; FRICK COMPANY, and Roes 20 through 80, inclusive, Counterdefendant/Third Party Defendants.

Case 1:03-cv-02669-MSK-PAC

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UNOPPOSED MOTION OF PLAINTIFF LEPRINO FOODS COMPANY FOR ENLARGEMENT OF TIME TO RESPOND TO THIRD PARTY DEFENDANT AND COUNTERCLAIMANT UNIVERSITY MARELICH MECHANICAL' FIRST SET OF INTERROGATORIES S ­ AND ­ CERTIFICATE OF COMPLIANCE WITH D.C.COLO.LCivR 6.1D AND D.C.COLO.LCivR 7.1A

Plaintiff Leprino Foods Company (" Leprino" through its attorneys, Campbell ), Bohn Killin Brittan & Ray, LLC, respectfully moves this Court for a fourteen (14) day enlargement of time to and including Tuesday, July 19, 2005, to respond to Third Party Defendant and Counterclaimant University Marelich Mechanical' First Set of s Interrogatories Propounded to Plaintiff Leprino Foods Company [Set One] (" Discovery Requests" As grounds therefor, Leprino states as follows: ). 1. On or about May 19, 2005, Defendant UMM served Leprino with the

Discovery Requests. 2. Because of unavoidable circumstances, undersigned counsel needs a

brief extension of time to and including Tuesday, July 19, 2005, within which to answer, object or otherwise respond to the Discovery Requests. 3. Pursuant to D.C.COLO.LCivR 7.1A., counsel for Defendant UMM, Peter

Ippolito, was contacted before filing this motion and he has no objection to the enlargement of time to and including July 19, 2005. 4. The extension will not unduly delay these proceedings or otherwise

interfere with the administration of justice.

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5.

Pursuant to D.C.COLO.LCivR 6.1D, a copy of this motion is being served

upon Plaintiff Leprino Foods Company. WHEREFORE, Leprino respectfully requests an enlargement of time to and including July 19, 2005, within which to answer, object or otherwise respond to Defendant UMM' Discovery Requests. s Respectfully submitted this 5th day of July, 2005. LEPRINO FOODS COMPANY

By:

s/ Michael G. Bohn One of Its Attorneys Michael G. Bohn Bret M. Heidemann Campbell Bohn Killin Brittan & Ray, LLC 270 St. Paul Street, Suite 200 Denver, Colorado 80206 Telephone: (303) 322-3400 Facsimile: (303) 322-5800 [email protected] [email protected] Patrick T. Markham, Esq. Jacobson & Markham 8880 Cal Center Drive, #100 Sacramento, California 95826 Telephone: (916) 854-5969 Facsimile: (916) 854-5965 [email protected]

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CERTIFICATE OF SERVICE I hereby certify that on the day 5th day of July, 2005, I electronically filed the foregoing UNOPPOSED MOTION OF PLAINTIFF LEPRINO FOODS COMPANY FOR ENLARGEMENT OF TIME TO RESPOND TO THIRD PARTY DEFENDANT AND COUNTERCLAIMANT UNIVERSITY MARELICH MECHANICAL' FIRST SET OF S INTERROGATORIES ­ AND ­ CERTIFICATE OF COMPLIANCE WITH D.C.COLO.LCivR 6.1D AND D.C.COLO.LCivR 7.1A with the Clerk of Court using the CM/ECF system which will send notification of such filing to the following email addresses: Francis (Frank) J. Hughes [email protected] Patrick Quinn Hustead [email protected] Peter J. Ippolito [email protected] Richard Carl Kaufman [email protected] John David Mereness [email protected] Daniel James Nevis [email protected] and I hereby certify that I have served the document to the following non-CM/ECF participants by depositing said document in the United States mail, postage pre-paid, properly addressed to: Federal Insurance Company P.O.Box 1615 Warren, NJ 07061-1615 J. Bradley Olsen, Esq. Leprino Foods Company 1830 W. 38th Avenue Denver, CO 80211 s/ Cori Atteberry Cori Atteberry, Legal Assistant

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