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

Case 1:03-cv-02461-MSK-MEH

Document 70

Filed 08/22/2005

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO

Case No. 03-cv-2461-MSK-OES

LEPRINO FOODS COMPANY, Plaintiff, v. FELDMEIER EQUIPMENT, INC., Defendant.

UNOPPOSED MOTION OF PLAINTIFF LEPRINO FOODS COMPANY FOR ENLARGEMENT OF TIME TO RESPOND TO DEFENDANT FELDMEIER EQUIPMENT, INC.' MOTION FOR SUMMARY ADJUDICATION S ­ AND ­ CERTIFICATE OF COMPLIANCE WITH D.C.COLO.LCivR 6.1D AND D.C.COLO.LCivR 7.1A

Plaintiff Leprino Foods Company (" Leprino" through its attorneys, Campbell ), Bohn Killin Brittan & Ray, LLC, respectfully moves this Court for a five (5) business day enlargement of time to and including Monday, August 29, 2005, to respond to " Defendant Feldmeier Equipment, Inc.' Motion for Summary Adjudication" (" s Summary Adjudication Motion" As good cause for this motion, Leprino states as follows: ). 1. 2. Defendant filed its Summary Adjudication Motion on August 1, 2005. Accordingly, Leprino' response to the Summary Adjudication Motion is s

currently due to be filed on or before August 22, 2005. Leprino has not previously requested an extension of time to respond to the Summary Adjudication Motion.

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3.

Leprino has prepared a draft of its response and supporting affidavit.

Unfortunately, the individual at Leprino with personal knowledge necessary to execute the affidavit is unable to read and evaluate the affidavit until later this week due, in part, to absence from his office. Additionally, undersigned counsel who has primary

responsibility for this case, and has since its inception, had to unexpectedly defend against a motion for temporary restraining order last week in Denver District Court filed by an adversary of one of undersigned' clients. The unanticipated hearing in Denver s District Court and the unavoidable absence of Leprino personnel with whom undersigned needs to speak to finalize Leprino' supporting affidavit resulted in the s inability to complete Leprino' response by the current deadline and properly constitute s good cause for the requested enlargement of time. 4. Because of those unavoidable circumstances, undersigned counsel needs

a brief extension of time to and including August 29, 2005, within which to finalize and file Leprino' response to the Summary Adjudication Motion. s 5. Pursuant to D.C.COLO.LCivR 7.1A, counsel for Defendant, Catherine

Tallerico, was contacted before filing this motion and she has no objection to the enlargement of time requested herein. 6. The extension will not unduly delay these proceedings or otherwise

interfere with the administration of justice. 7. Pursuant to D.C.COLO.LCivR 6.1D, a copy of this motion is being served

upon Plaintiff Leprino Foods Company.

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WHEREFORE, Plaintiff Leprino Foods Company, respectfully requests an enlargement of time to and including August 29, 2005, within which to file its response to Defendant' Summary Adjudication Motion. s herewith. Respectfully submitted this 22nd day of August, 2005. CAMPBELL BOHN KILLIN BRITTAN & RAY, LLC A proposed form of order is filed

By:

s/ Michael G. Bohn Michael G. Bohn Bret M. Heidemann 270 St. Paul Street, Suite 200 Denver, Colorado 80206 Telephone: (303) 322-3400 Facsimile: (303) 322-5800 [email protected] [email protected] ATTORNEYS FOR PLAINTIFF LEPRINO FOODS COMPANY

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CERTIFICATE OF SERVICE I hereby certify that on August 22, 2005, I electronically filed the foregoing UNOPPOSED MOTION OF PLAINTIFF LEPRINO FOODS COMPANY FOR ENLARGEMENT OF TIME TO RESPOND TO DEFENDANT FELDMEIER EQUIPMENT, INC.' MOTION FOR SUMMARY ADJUDICATION ­ AND ­ S CERTIFICATE OF COMPLIANCE WITH D.C.COLO.LCivR 6.1D AND D.C.COLO.LCivR 7.1A with the Clerk of Court using the CM/ECF system which will send notification of such filing to the following email addresses: Catherine A. Tallerico, Esq. at [email protected] Timothy J. Flanagan, Esq. at [email protected] and I hereby certify that I have served the document to the following non-CM/ECF participants by depositing said document in the United States mail, postage pre-paid, properly addressed to: Jon Alby, Esq. Leprino Foods Company 1830 W. 38th Avenue Denver, CO 80211

s/ Cori Atteberry Cori Atteberry, Legal Assistant

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