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

Case 1:03-cv-02577-RPM

Document 134

Filed 04/26/2006

Page 1 of 3

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 03-cv-2577-RPM-OES M.D.C. HOLDINGS, INC.; and RICHMOND AMERICAN HOMES OF COLORADO, INC. Plaintiffs, v. NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA; INTERSTATE FIRE & CASUALTY COMPANY; LIBERTY MUTUAL INSURANCE COMPANY; LIBERTY MUTUAL FIRE INSURANCE COMPANY; and ZURICH AMERICAN INSURANCE COMPANY, Defendants.

JOINT MOTION FOR ENLARGEMENT OF TIME TO FILE AMENDED SCHEDULING ORDER

COME NOW the Plaintiffs, M.D.C. Holdings, Inc. and Richmond American Homes of Colorado, Inc. (collectively, "MDC"), and Defendant Interstate Fire & Casualty Company by and through their undersigned counsel and move the Court to grant them an enlargement of time in which to file an Amended Scheduling Order in this action, AND AS GROUNDS THEREFOR, state: 1. MDC and Interstate are the only remaining parties in this action. MDC and Interstate bring this motion pursuant to Fed. R. Civ. P. 6(b) and D.C. Colo. LCivR 7.1, and request an enlargement of time up to and including June 15, 2006, in which to file an Amended Scheduling Order in this action.

Case 1:03-cv-02577-RPM

Document 134

Filed 04/26/2006

Page 2 of 3

2. This Court held a hearing on pending motions for summary judgment on April 14, 2006. Following that hearing, this Court issued a Minute Order directing MDC and Interstate to file a joint motion to have a Magistrate Judge assigned to conduct settlement proceeding or file a revised proposed Scheduling Order, on or before May 15, 2006. 3. MDC and Interstate have conferred in this matter and have agreed to conduct a settlement conference with Judge William G. Meyer of Judicial Arbiter Group, Inc. Judge Meyer previously conducted a settlement conference between MDC, Interstate and the remaining Defendants (which have since been dismissed from this action) in September 2004. MDC and Interstate believe that Judge Meyer's prior familiarity with this action will facilitate his ability to act as a mediator in this case. MDC and Interstate have scheduled a settlement conference with Judge Meyer for Monday, May 8, 2006. 4. Under the circumstances, MDC and Interstate seek an enlargement of time to file the proposed Amended Scheduling Order to allow the parties to devote their focus for the immediate future on prospects of reaching an amicable resolution of this action. The parties believe that an enlargement of time until June 15, 2006, would permit settlement discussions and allow the parties, if necessary, to prepare and submit the revised proposed Scheduling Order on or before June 15, 2006. 5. Pursuant to D.C. Colo. LCivR 6.1, no prior extensions of time have been sought to file this revised proposed Scheduling Order. The undersigned counsel, by their respective signatures below, further certify that a copy of this Motion has been served on their respective clients.

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Case 1:03-cv-02577-RPM

Document 134

Filed 04/26/2006

Page 3 of 3

WHEREFORE, MDC and Interstate pray that the Court grant them an enlargement of time up to and including June 15, 2006, in which to file a revised proposed Scheduling Order, and for such other and further relief as the Court deems just and proper. Respectfully submitted, HOLLEY ALBERTSON & POLK, P.C. BALDWIN & CARPENTER, P.C. .

BY:

s/ Eric E. Torgersen Eric E. Torgersen 1667 Cole Boulevard, Suite 100 Golden Colorado 80401 Telephone: (303) 233-7838 FAX: (303) 233-2860 E-mail: [email protected] Attorneys for Plaintiffs

BY:

s/ Peter J. Morgan Peter J. Morgan 1512 Larimer Street, Suite 450 Denver, Colorado 80202 Telephone: (303) 623-1832 FAX: (303) 623-1833 E-mail: [email protected] Attorneys for Defendant Interstate Fire & Casualty Company

CERTIFICATE OF SERVICE I, Eric E. Torgersen, Attorney at Law, do hereby certify that on April 26, 2006, I electronically filed the foregoing JOINT MOTION FOR ENLARGEMENT OF TIME TO FILE AMENDED SCHEDULING ORDER with the Clerk of the Court using the CM/ECF system which will send notification of such filing to the following e-mail addresses: Robert M. Baldwin, Esq. Peter J. Morgan, Esq. [email protected] [email protected]

s/ Eric E. Torgersen Eric E. Torgersen

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