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

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

Document 65

Filed 12/05/2005

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UNITED STATES DISTRICT COURT DISTRICT OF COLORADO Civil Action No. 04 M 2328 (OES) 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.

UNOPPOSED MOTION FOR EXTENSION OF TIME TO RESPOND

Plaintiff Greg Gonzales, by and through counsel Brian DeBauche, Esq., hereby submits the following Motion for Enlargement of Time for the response to the City's Motion for Summary Judgement. IN SUPPORT THEREOF, Defendant states as follows: 1. Both the City, and the individual officer, filed motions for summary judgment in

this matter, on November 4, 2005. 2. Pursuant to the current local rules on response time for ordinary pleadings the

responses on both motions would be due on November 24, 2005 or just before the Thanksgiving holiday. D.C.COLO.LcivR 7.1(C). The motions under F.R.C.P. 56 are not expressly covered by this rule, however.

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

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3.

Counsel is requesting an additional seven days' time to provide responses to the

City's motion, or up to the date of December 12, 2005. Counsel is not able to completely draft responses to both motions for summary judgment, hired a law clerk just to assist in generating responses to both motions. Counsel was however set for a five day trial this week and

preparation of that matter consumed far more time than planned. 4. Since trial has not been set in this matter, none of the parties are prejudiced or However, this case is set for a trial management

burdened by the relief sought herein.

conference on December 20, 2005 at 11:00 a.m. Further, the Plaintiff can certify that one prior extensions were requested regarding these responses, to today's date for both responses. 5. Pursuant to D.C.COLO.LCivR 7.1, undersigned counsel certifies that he

conferred with defense counsel for the City and County of Denver and that counsel for that defendant indicated no objection to the relief requested. 6. Pursuant to D.C.COLO.LCivR 6.1, undersigned counsel certifies that a copy of

this motion has been served upon the client and all counsel of record. WHEREFORE, Plaintiff respectfully requests an extension of the time to respond to the City's Motion for Summary Judgment, up to and including December 12, 2005. Respectfully Submitted, Brian DeBauche & Associates, L.L.C. By: /s/ Brian DeBauche Brian DeBauche, Esq. 401 Kalamath St. Denver, CO 80204 (303) 571-5023 FAX: (303) 571-5043 Email: [email protected] Attorney for Plaintiff 2

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

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Filed 12/05/2005

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CERTIFICATE OF MAILING I HEREBY CERTIFY that on December 5, 2005 a true and correct copy of the foregoing MOTION FOR ENLARGEMENT OF TIME was placed in the U.S. Mail, first class postage paid, and addressed to: Thomas Rice, Esq. Senter Goldfarb & Rice, L.L.C. P.O. Box 22833 Denver CO 80222-0833 David Bruno, Esq. Bruno, Bruno & Colin, P.C. 1560 Broadway, Ste. 1099 Denver, CO 80202-5143 Thomas Bigler, Esq. Assistant City Attorneys Civil Litigation Practice Group 201 W. Colfax Ave., Dept. 1108 Denver, CO 80202

/s/ Brian DeBauche

00173767

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