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

Case 1:03-cv-02633-PSF-PAC

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 03-cv-2633-PSF-PAC LILLIAN BARTON , Plaintiff, v. CITY AND COUNTY OF DENVER OFFICER R. BLEY, Badge No. 99006 OFFICER N. SAGEN, Badge No. 96-021 OFFICER JOHN DOE MAYOR JOHN HICKENLOOPER, in his official capacity WELLINGTON WEBB, as former Mayor, in his official capacity GERALD R. WHITMAN, Chief of Police, City and County of Denver, in his office capacity only J. WALLACE WORTHAM, JR., former Denver City Attorney, in his official capacity only CHRIS RAMSEY, former Denver Deputy City Attorney, in his official capacity only Defendants. and Civil Action No. 04-cv-319-PSF-PAC LILLIAN BARTON, Plaintiff, v. CITY AND COUNTY OF DENVER RICHARD BLEA NICK SAGAN JOSH VASCONCELLOS MAYOR JOHN HICKENLOOPER WELLINGTON WEBB GERALD R. WHITMAN RUDY SANDOVAL J. WALLACE WORTHAM, JR. CHRIS RAMSEY, Defendants.

Case 1:03-cv-02633-PSF-PAC

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______________________________________________________________________________ DEFENDANTS' MOTION FOR EXTENSION OF TIME TO RESPOND TO PLAINTIFF' OBJECTIONS TO RECOMMENDATIONS OF UNITED STATES S MAGISTRATE JUDGE ______________________________________________________________________________ Defendants, the CITY AND COUNTY OF DENVER, OFFICER RICHARD BLEA (incorrectly designated as "Bley"), OFFICER NICK SAGAN (incorrectly designated as "Sagen"), OFFICER JOSH VASCONCELLOS, MAYOR JOHN HICKENLOOPER, WELLINGTON WEBB, GERALD R. WHITMAN, RUDY SANDOVAL, J. WALLACE WORTHAM, JR. and CHRIS RAMSEY (hereinafter "Defendants"), by their attorneys, SONJA S. McKENZIE and BRETT A. McDANIEL of the law firm of SENTER GOLDFARB & RICE, L.L.C., and pursuant to D.C.COLO.LCiv.R 6.1(B), hereby move this Court for an extension of time to submit their response to Plaintiff' Objection to s Recommendation of United States Magistrate Judge Pursuant to Fed.R.Civ.P. 72(B) (hereinafter "Plaintiff' Objections"). s AND IN SUPPORT THEREOF, Defendants state as follows: 1. Pursuant to D.C.COLO.LCiv.R 7.1(A), undersigned counsel for Defendant has

conferred with Plaintiff, Ms. Lillian Barton, regarding the filing of this motion and the relief sought herein. Plaintiff objects to the relief requested. 2. On April 4, 2006 and April 10, 2006 respectively, Plaintiff filed her two-part Taken as a whole, and

Objection to Recommendation of United States Magistrate Judge.

excluding supporting exhibits, Plaintiff' Objections constitutes approximately forty (40) pages. s 3. As the final portion of Plaintiff' Objections was filed with the Court on April 10, s

2006, Defendants response to Plaintiff' Objections is due on or about Thursday, April 27, 2006. s

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4.

D.C.COLO.LCiv.R 6.1(B) provides that a party may file a motion for an

extension of time. The present motion comports with the requirements of D.C.COLO.LCiv.R 6.1(C) and 6.1(D). 5. The above-named Defendants have not previously sought any extensions of time

to file their Response to Plaintiff' Objections, nor have any other extensions been agreed to. s When Plaintiff filed her Plaintiff' Objections in two parts, she did receive a brief extension to s accommodate the second filing. 6. Counsel for Defendants, Brett A. McDaniel, was out of the office ill a majority of

the week of April 17, 2006 and unable to address Plaintiff' Objections during that time. s Accordingly, Defendants will require additional time to properly evaluate and respond to Plaintiff' Objections. Indeed, no party will be prejudiced by the brief extension requested s herein. 7. Defendants have shown good cause to grant the relief requested. Accordingly,

Defendants respectfully request that they be allowed up to and including May 4, 2006 to submit their response to Plaintiff' Objections, or a seven (7)-day extension from the date on which s Defendants'response is currently due. WHEREFORE, Defendants respectfully request that the Court grant their Motion for Extension of Time to Submit Response to Plaintiff' Objection to Recommendation of United s States Magistrate Judge Pursuant to Fed.R.Civ.P. 72(B), and permit them to submit said Response on or before May 4, 2006.

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Respectfully submitted,

s/ Sonja S. McKenzie Sonja S. McKenzie

s/ Brett A. McDaniel Brett A. McDaniel Senter Goldfarb & Rice, L.L.C. 1700 Broadway, Suite 1700 Denver, CO 80290 Telephone: (303) 320-0509 FAX: (303) 320-0210 E-mails: [email protected] [email protected] Attorneys for Defendants Gerald Whitman, City and County of Denver, Officer Richard Blea, Officer Nick Sagan, Chris Ramsey, Mayor John Hickenlooper, Rudy Sandoval, Wellington Webb, J. Wallace Wortham, Jr. and Officer Josh Vasconsillas

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CERTIFICATE OF SERVICE I HEREBY CERTIFY that on this 26th day of April, 2006, I electronically filed a true and correct copy of the above and foregoing DEFENDANTS' MOTION FOR EXTENSION OF TIME TO RESPOND TO PLAINTIFF' OBJECTIONS TO RECOMMENDATIONS S OF UNITED STATES MAGISTRATE JUDGE with the Court via CM/ECF system and served via the U.S. mail, first class postage prepaid, addressed as follows: Lillian Barton 97 Soda Creek Road Evergreen, CO 80439 John Eckhardt Denver City Attorney' Office s 201 West Colfax Avenue - Dept 1108 Denver, Colorado 80202

s/ Kathleen Bertz Kathleen Bertz E-mail: [email protected] Secretary for Attorney Brett A. McDaniel

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