Free Motion for Miscellaneous Relief - District Court of Colorado - Colorado

Case 1:03-cv-02328-RPM-CBS

Document 76

Filed 12/30/2005

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UNITED STATES DISTRICT COURT DISTRICT OF COLORADO Civil Action No. 03 CV 2328 (RPM) GREG JOSEPH GONZALES, by and through his next friend, JUNE BRAVO Plaintiffs, v.

OFFICER BRETT C. TITUS, in his official and personal capacity, and CITY AND COUNTY OF DENVER, Defendants. MOTION FOR LEAVE TO FILE SURREBUTTAL

Plaintiff, Greg Gonzales, by and through his attorneys, Brian DeBauche & Associates, L.L.C., respectfully moves this Honorable Court for an Order granting him leave to file a Surrebuttal Brief in response to the Defendant's Reply Brief in Support of Summary Judgment. IN SUPPORT THEREOF, Plaintiff states as follows: 1. On November 4, 2005, Defendant, Officer Titus, filed a Memorandum in Support for Summary Judgment. 2. On December 12, 2005, Plaintiff filed a Response to the Motion for Summary Judgment. 3. On December 20, 2005, Defendant filed a Reply Brief in Support of the Motion for Summary Judgment. 4. Due to the complexities of this case and the nuances of the law on this matter, Plaintiff moves the Court to allow for the filing of a final response to the Motion for Summary Judgment in order to respond to the issues raised in the Defendant's Reply Brief. There

Case 1:03-cv-02328-RPM-CBS

Document 76

Filed 12/30/2005

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are a number of questions of law raised in the Defendant's Reply Brief that are not fully stated or are not accurately explained. The Reply is actually nearly the same size as the original Motion. 5. In the interest of fairness, Plaintiff requests leave to respond to these questions. A final response brief would help the Court and the parties to clarify some of the remaining questions of law and fact in this case. 6. Plaintiff requested this form of relief be available at the time of the pretrial conference, based on these same issues, and attempted to consult with each defense counsel prior to the filing of this motion. Each defendant indicated they object to the filing of a Surrebuttal. WHEREFORE, Plaintiff respectfully requests leave to file a Surrebuttal Brief in response to the Defendant's Reply Brief. Respectfully Submitted, Brian DeBauche & Associates, L.L.C. By: s/ Brian DeBauche Brian DeBauche, Esq. Registration No. 28593 401 Kalamath St. Denver, CO 80204 (303) 571-5023

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Case 1:03-cv-02328-RPM-CBS

Document 76

Filed 12/30/2005

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CERTIFICATE OF MAILING I HEREBY CERTIFY that on December 30, 2005 I electronically filed the foregoing with the Clerk of Court using the CM/ECF system which will send notification of such filing to the following email addresses: [email protected] [email protected] [email protected] and I hereby certify that I have mailed or served the document or paper to the following non CM/ECF participants in the manner (mail, hand-delivery, etc.) indicated by the non-participant's name. Greg Gonzales C/o June Bravo 900 South Newton Denver CO 80219 By: s/ Brian DeBauche Brian DeBauche, Esq. Registration No. 28593 401 Kalamath St. Denver, CO 80204 Phone: (303) 571-5023 Fax: (303) 571-5043 [email protected]

00173767

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