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

Case 1:03-cv-02372-PSF-PAC

Document 150

Filed 11/28/2005

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 03-cv-2372-PSF-PAC JACK BARRECA Plaintiff, v. SOUTH BEACH BEVERAGE CO., INC.; LOTTE U.S.A.; and 7-ELEVEN, INC. Defendants.

DEFENDANTS' UNOPPOSED MOTION TO EXTEND DEADLINE FOR SUBMISSION OF SETTLEMENT PAPERS

Defendants, South Beach Beverage Co., Inc., 7-Eleven, Inc. and Lotte U.S.A., Inc., by and through their attorneys, hereby move the Court for an extension of two weeks, up to and including December 14, 2005, in which to submit the settlement papers in the above-captioned matter. In support of this Motion, Defendants state the following: 1. Pursuant to Local Civil Rule 7.1(A), Defendants state that they have contacted

counsel for Plaintiff, who has indicated that Plaintiff does not oppose the present Motion. 2. On November 7, 2005, this Court entered an Order Directing Submission of

Settlement Papers. In that Order, the Court stated that "[t]he parties are directed to endeavor to file a stipulation of dismissal, or other settlement documents, no later than November 30, 2005."

Case 1:03-cv-02372-PSF-PAC

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Filed 11/28/2005

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3.

The parties have been attempting to conclude this matter, but due to issues

surrounding counsel's trial and travel schedules, as well as other difficulties in finalizing the settlement papers themselves, the parties will be unable to submit finalized settlement papers to the Court by November 30, 2005. 4. The parties believe that they will be able to finalize the settlement papers in this

matter if the Court grants a two-week extension for the submission of those papers, up to and including December 14, 2005. WHEREFORE, Defendants request that the Court extend the deadline for the submission of settlement papers in this matter up to and including December 14, 2005.

Dated: November 28, 2005

s/Adam J. Brody Adam J. Brody Kevin Abraham Rynbrandt Varnum, Riddering, Schmidt & Howlett LLP P.O. Box 352 Grand Rapids, MI 49501-0352 Tel. (616) 336-6000 Fax: (616) 336-7000 Emails: [email protected] [email protected] and Michael L. Hutchinson, No. 20853 Treece, Alfrey, Musat & Bosworth, P.C. 999 18th Street, Suite 1600 Denver, CO 80202 Tel. (303) 292-2700 Fax: (303) 295-0414 Email: [email protected] for Defendants South Beach Beverage Company, Inc., 7-Eleven, Inc., and Lotte U.S.A., Inc.

1189973_1.DOC

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Case 1:03-cv-02372-PSF-PAC

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Filed 11/28/2005

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CERTIFICATE OF SERVICE I hereby certify that on this 28th day of November, 2005, I presented the foregoing to the Clerk of Court for filing and uploading to the CM/ECF system which will send notification of such filing to the email addresses of the following persons: Joseph E. Kovarik, Esq. ([email protected]) Robert Brunelli, Esq. ([email protected]) Sheridan Ross, P.C. 1560 Broadway, Suite 1200 Denver, CO 80202-5141

s/Adam J. Brody Adam J. Brody (P62035)

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