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

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

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Filed 03/22/2006

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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; BIG-D CORPORATION, a Utah corporation; BIG-D CAPITAL CORP., a Wyoming 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; and Roes 20 through 80, inclusive, Counterdefendant/Third Party Defendants.

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STIPULATED JOINT MOTION FOR ENLARGEMENT OF TIME TO SUBMIT JOINT JURY INSTRUCTIONS AND JOINT VERDICT FORMS ­ AND ­ CERTIFICATE OF COMPLIANCE WITH D.C.COLO.LCivR 6.1D

Plaintiff Leprino Foods Company (" Leprino" Defendants Big-D Construction ), Corp.- California, Big-D Construction Corp., Big-D Corporation, Big-D Capital Corp., and Federal Insurance Company (collectively, " Big-D" and Marelich Mechanical Co., Inc. ), d/b/a University Marelich Mechanical (" UMM" each through their counsel, respectfully ), submit this Stipulated Joint Motion for Enlargement of Time to Submit Joint Jury Instructions and Joint Verdict Forms ­ and ­ Certificate of Compliance with D.C.COLO.LCivR 6.1D. As grounds therefor, the Parties state as follows: 1. Pursuant to the Court' March 9, 2006 Order, today, March 22, 2006, the s

Parties will be: a. b. filing final witness and exhibit lists; submitting attachments to the proposed final pretrial order and Parties' final exhibit and witness lists to Courtroom Deputy Benjamin Van Dyke at his email address; c. d. e. 2. submitting their joint proposed voir dire; submitting their joint glossary; and submitting their joint deposition designations.

However, the Parties require additional time within which to finalize the

joint proposed jury instructions and joint verdict forms. At this time, the Parties have each exchanged their proposed instructions, which are voluminous. While the Parties

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have conferred extensively on the issues raised in the jury instructions, and are continuing to meet and confer, additional time is required to comply with this Court' s rules on jury instructions and to hopefully reach compromise on as many jury instructions as possible. The parties are endeavoring to assist the court in resolving significant legal disputes as part of a lengthy meet and confer process, which will, in the end, preserve court resources and possibly expedite the trial. Moreover, the jury

instructions involve the laws of the states of Colorado and California. Because of the volume of jury instructions, review of the instructions and supporting authorities is a time consuming task. 3. Accordingly, the Parties request modification of the following deadlines: Deadline Deadline to file joint proposed jury instructions. Deadline to file joint verdict form. 4. Current March 22, 2006 March 22, 2006 Requested March 31, 2006 March 31, 2006

These extensions will not unduly delay these proceedings or otherwise

interfere with the administration of justice. 5. Pursuant to D.C.COLO.LCivR 6.1D, a copy of this motion is being served

upon each party. WHEREFORE, the Parties respectfully request a modification of deadlines as addressed above.

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Respectfully submitted this 22nd day of March 2006. LEPRINO FOODS COMPANY BIG-D CONSTRUCTION CORP.CALIFORNIA, BIG-D CONSTRUCTION CORP., BIG-D CORPORATION, BIG-D CAPITAL CORP., and FEDERAL INSURANCE COMPANY

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

s/ Francis J. Huges Francis J. Hughes Daniel J. Nevis Miller, Morton, Caillat & Nevis, LLP 50 West San Fernando St., Ste. 1300 San Jose, California 95113-2413 (408) 292-1765 (phone) (408) 292-4484 (fax) [email protected] [email protected] Patrick Q. Hustead John D. Mereness The Hustead Law Firm 4643 S. Ulster Street, Suite 1250 Denver, Colorado 80237 Telephone: (303) 721-5000 [email protected] [email protected] MARELICH MECHANICAL CO., INC. dba UNIVERSITY MARELICH MECHANICAL

s/ Peter J. Ippolito Peter J. Ippolito McKenna Long & Aldridge, LLP 750 B Street, Suite 3300 San Diego, California 92101 Telephone: (619) 595-5400 Facsimile: (619) 595-5450 [email protected] 4

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Richard C. Kaufman McKenna Long & Aldridge, LLP 1875 Lawrence Street, Suite 200 Denver, Colorado 80202 Telephone: (303) 634-4000 Facsimile: (303) 634-4400 [email protected]

CERTIFICATE OF SERVICE I hereby certify that on the 22nd day of March 2006, a true and correct copy of the foregoing STIPULATED JOINT MOTION FOR ENLARGEMENT OF TIME TO SUBMIT JOINT JURY INSTRUCTIONS AND JOINT VERDICT FORMS ­ AND ­ CERTIFICATE OF COMPLIANCE WITH D.C.COLO.LCivR 6.1D was deposited in the United States mail, postage prepaid, addressed to: Richard Russeth, Esq. Leprino Foods Company 1830 W. 38th Avenue Denver, CO 80211 Marelich Mechanical Co., Inc. 1000 North Kraemer Place Anaheim, CA 92806-2610 Big-D Construction Corp.-California and Big-D Construction Corp. 404 W. 400 S Salt Lake City, UT 84101-1108

s/ Cori Atteberry Cori Atteberry, Legal Assistant

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