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

Case 1:03-cv-02528-WDM-OES

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Filed 12/06/2005

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THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 03-cv-02528-WDM-OES DANNY O. DANIELS, Plaintiff, v. CITY AND COUNTY OF DENVER, Defendant.

__________________________________________________________________ UNOPPOSED MOTION FOR EXTENSION OF TIME TO AND INCLUDING DECEMBER 16, 2005 TO FILE A RESPONSE TO DEFENDANT'S MOTION FOR SANCTIONS __________________________________________________________________ Plaintiff Danny O. Daniels, by and through his attorneys, John D. Phillips and Marci A. Gilligan, respectfully requests the Court grant him an extension of time to and including December 16, 2005, in which to respond to Defendant's Motion for Sanctions. As grounds therefore, Mr. Daniels states as follows: 1. On November 9, 2005, Defendant filed a Motion for Sanctions

against Mr. Daniels. (Doc. 88). 2. The Court issued a Minute Order on November 10, 2005 granting

Mr. Daniels until November 21, 2005 to respond. (Doc. 90). 3. On November 21, 2005, Mr. Daniels requested an extension of time,

to and including December 6, 2005, in which to file his response to Defendant's

Case 1:03-cv-02528-WDM-OES

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Motion for Sanctions. (Doc. 91). That extension was requested so that Mr. Daniels could complete discovery and evaluate his position in this case. 4. 93). 5. With discovery now concluded, both parties believe that a resolution That unopposed motion was granted on November 22, 2005. (Doc.

of this case is imminent. 6. Such a resolution will negate the need for Mr. Daniels to file a

response to Defendant's Motion for Sanctions. 7. Mr. Daniels, therefore, requests that he be granted an additional 10-

day extension of time in which to respond to Defendant's Motion for Sanctions. 8. Rule 7.1 Certification:

Undersigned counsel has communicated with Assistant City Attorney Karla J. Pierce about this motion and the reasons for requesting an extension of time. Ms. Pierce does not object to the requested extension of time. Respectfully submitted this 6th day of December, 2005. s/Marci A. Gilligan___________ Marci A. Gilligan Richilano & Ridley, P.C. 1800 15th Street, Ste. 101 Denver, CO 80202 Phone: (303) 893-8000 Facsimile: (303) 893-8055 E-Mail: [email protected] John D. Phillips Shughart Thomson & Kilroy, PC 1050 Seventeenth St., Ste. 2300 Denver, CO 80265

Case 1:03-cv-02528-WDM-OES

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Phone: (303) 572-9300 Facsimile: (303) 572-7883 E-Mail: [email protected] Attorneys for Plaintiff CERTIFICATE OF SERVICE I hereby certify that on this 6th day of December, 2005, I served a true and correct copy of the foregoing UNOPPOSED MOTION FOR EXTENSION OF TIME TO AND INCLUDING DECEMBER 16, 2005 TO FILE A RESPONSE TO DEFENDANT'S MOTION FOR SANCTIONS via the USDC CM/ECF system to the following: Karla J. Pierce, Esq. City Attorney's Office 201 W. Colfax Ave. #1108 Denver, CO 80202

s/Gwenn E. Miller____________ Gwenn E. Miller