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

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

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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.

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

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STIPULATED JOINT MOTION TO EXTEND DEADLINES ­ 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 to Extend Deadlines ­ and ­ Certificate of Compliance with D.C.COLO.LCivR 6.1D. As grounds therefor, the parties state as follows: 1. Pursuant to Magistrate Judge Coan' March 3, 2006 Courtroom s

Minutes/Minute Order, the Parties were ordered to schedule a mediation with James Hinga of JAMS, in part, because Mr. Hinga assisted the parties with a previous mediation in this case on January 23, 2006. On Monday, March 6, 2006, Plaintiffs' counsel immediately attempted to schedule the mediation with Mr. Hinga; however, counsel was informed that Mr. Hinga tragically passed away on Sunday, March 5, 2006. The Parties have agreed upon another mediator, Byrum C. Lee, Jr., who is able to hold the mediation on March 16, 2006. 2. If the mediation is successful, all of the filing deadlines for the week of

March 13, 2006, would be obviated, and the Parties would save significant attorneys' fees. Because many counsel are from out of state, travel on March 15, 2006 is

required, taking another day away from attention to meeting the deadlines of March 16,

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2006. As further grounds, counsel for Big-D, Frank Hughes, stated that because of the significant time and resources involved in meeting the deadlines next week, if this motion was not granted, he would be unable to attend a mediation on March 16, 2006, in order that the current deadlines be timely met. All other counsel and party

representatives are available for the mediation on March 16, 2006. 3. Additionally, Kevin Young' deposition was ordered to be taken by s

March 17, 2006. However, Mr. Young is not available until March 20, 2006, and his counsel specifically requested that Mr. Young' deposition take place on March 20, s 2006. 4. Thus, the Parties request modification of the following deadlines: Deadline Current Requested March 22, 2006 March 22, 2006

Deadline for Counsel to exchange final witness and March 13, 2006 exhibit lists. Deadline for attachments to the proposed final pretrial order and Parties'final exhibit and witness lists shall be submitted to Courtroom Deputy Benjamin Van Dyke' e-mail address. s Deadline to file joint proposed voir dire. Deadline to file joint proposed jury instructions. Deadline to file joint verdict form. Deadline to file joint glossary. Deadline to file joint deposition designations. Kevin Young' deposition s March 13, 2006

March 16, 2006 March 16, 2006 March 16, 2006 March 16, 2006 March 16, 2006 March 17, 2006

March 22, 2006 March 22, 2006 March 22, 2006 March 22, 2006 March 22, 2006 March 20, 2006

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5.

These extensions will not unduly delay these proceedings or otherwise

interfere with the administration of justice. 6. 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. Respectfully submitted this 9th 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]

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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] 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 9th day of March 2006, a true and correct copy of the foregoing STIPULATED JOINT MOTION TO EXTEND DEADLINES ­ 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 5