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

Case 1:03-cv-02481-LTB-CBS

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO

Civil Action No. 1:03-cv-02481-LTB-CBS SUSAN VON FEIST, Plaintiff, v. CELESTICA CORPORATION, Defendant. ______________________________________________________________________________ UNOPPOSED MOTION FOR EXTENSION OF TIME TO RESPOND TO PLAINTIFF'S MOTION FOR RELIEF FROM ENTRY OF SUMMARY JUDGMENT ______________________________________________________________________________ Defendant Celestica Corporation ("Defendant") hereby respectfully submits this Unopposed Motion for Extension of Time to Respond to Plaintiff's Motion for Relief from Entry of Summary Judgment (the "Unopposed Motion"). In support of this Unopposed Motion, Defendant states as follows: 1. The parties requested and, by April 20, 2006 Order of the Court, Defendant was

granted an extension of time, through and including May 17, 2006, to respond to Plaintiff's Motion for Relief from Entry of Summary Judgment. 2. At the time the parties requested the May 17, 2006 extension, they had reached a

settlement of this matter, and were in the process of negotiating the terms of a confidential settlement agreement.

Case 1:03-cv-02481-LTB-CBS

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3.

Shortly after the parties requested that extension, Plaintiff's attorney, Justin G.

Blankenship, filed a motion to withdraw from this matter. Elizabeth A. Starrs subsequently filed an Entry of Appearance in this case on behalf of Plaintiff, but was then occupied for several weeks with the demands of a trial. 4. In spite of these impediments, the parties have agreed to the terms of a

confidential settlement agreement, and are currently executing on that agreement. Defendant anticipates that both parties will have complied with all terms of the settlement by or before June 7, 2006, at which time they will dismiss this matter with prejudice. 5. Accordingly, Defendant respectfully requests an extension of time, through and

including June 7, 2006, for Defendant to respond to Plaintiff's Motion For Relief From Entry Of Summary Judgment, or for the parties to file a stipulated motion to dismiss this action with prejudice. 6. Certification Under D.COLO.LCivR. 7.1. The undersigned hereby certifies that,

prior to filing this Unopposed Motion, she conferred with counsel for Plaintiff, who indicated that Plaintiff does not oppose the relief requested herein. WHEREFORE Defendant respectfully requests that the Court grant its Unopposed Motion and allow Defendant an extension of time, through and including June 7, 2006, to respond to Plaintiff's Motion for Relief from Entry of Summary Judgment, or for the parties to file a stipulated motion to dismiss this action with prejudice.

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Case 1:03-cv-02481-LTB-CBS

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Respectfully submitted this 16th day of May, 2006. FAEGRE & BENSON LLP

s/ Elizabeth S. McKelvey Elizabeth S. McKelvey Geri K. House 3200 Wells Fargo Center 1700 Lincoln Street Denver, Colorado 80203 Telephone: (303) 607-3500 Facsimile: (303) 607-3600 ATTORNEYS FOR DEFENDANT CELESTICA CORPORATION

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Case 1:03-cv-02481-LTB-CBS

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CERTIFICATE OF SERVICE I hereby certify that on May 16th, 2006, I electronically transmitted the attached document to the Clerk of Court using the ECF System for filing. Based on the records currently on file, the Clerk of court will transmit a Notice of Electronic Filing to the following ECF registrants: Elizabeth A. Starrs STARRS MIHM & CASCHETTE, LLP 1675 Broadway, Suite 1800 Denver, Colorado 80202 (303)592-5900 [email protected] [email protected] Cecilia M. Serna, Esq. Law Office of Cecilia M. Serna, Esq. 600 17th Street, Suite 2800 South Denver, Colorado 80202-5428

s/ Elizabeth S. McKelvey Elizabeth S. McKelvey

DNVR1:60345859.01

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