Free Response to Motion - District Court of Colorado - Colorado

Case 1:03-cv-02506-MSK-CBS

Document 56

Filed 11/04/2005

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Case No. 03-02506-MSK-CBS CRAIG MAGRAFF, Plaintiff, v. LOWE'S HIW, INC., Defendant. DEFENDANT'S OPPOSITION TO PLAINTIFF'S FIRST AMENDED MOTION FOR EXTENSION OF TIME NUNC PRO TUNC

Defendant Lowe's HIW, Inc., by and through its attorneys of record, Keith C. Hult and Joshua B. Kirkpatrick of Littler Mendelson, P.C., respectfully submits the following response to Plaintiff's First Amended Motion for Extension of Time, Nunc Pro Tunc. 1. Plaintiff's First Amended Motion for Extension of Time, Nunc Pro Tunc, filed

November 2, 2005 (Docket #55), is substantially identical to Plaintiff's Motion for Extension of Time, Nunc Pro Tunc, filed October 31, 2005 (Docket #55), except that it includes a statement that counsel for the parties have conferred regarding Plaintiff's requested relief. 2. Defendant's Opposition to Plaintiff's October 31 Motion (Docket #54) applies

with equal force to Plaintiff's November 2 Motion, except with respect to paragraph 15 of the Opposition (relating to Plaintiff's statement that his counsel failed to confer). Accordingly, rather than burden the record with unnecessary pages of repetitive briefing, Defendant restates

Case 1:03-cv-02506-MSK-CBS

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and incorporates by reference its November 1 Opposition in Response to Plaintiff's November 2 First Amended Motion.

Dated this 4th day of November, 2005. s/ Joshua B. Kirkpatrick Joshua B. Kirkpatrick LITTLER MENDELSON A Professional Corporation 1200 17th Street, Suite 1300 Denver, CO 80202.5835 Telephone: 303.629.6200 Keith C. Hult LITTLER MENDELSON A Professional Corporation 200 North La Salle Street, Suite 2900 Chicago, IL 60601-1014 Telephone: 312.372.5520 ATTORNEYS FOR DEFENDANT LOWE'S HIW, INC.

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Case 1:03-cv-02506-MSK-CBS

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CERTIFICATE OF SERVICE I hereby certify that on this 4th day of November, 2005, a true and correct copy of the foregoing DEFENDANT'S OPPOSITION TO PLAINTIFF'S FIRST AMENDED MOTION FOR EXTENSION OF TIME NUNC PRO TUNC was served via CM/ECF electronic filing on the following: Lee T. Judd, Esq. Andrew T. Brake, P.C. 777 E. Girard Avenue Suite 200 Englewood, CO 80110-2767

s/ Barbara Petrick

Firmwide:80565749.1 028756.1319

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