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

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

Document 106

Filed 05/04/2006

Page 1 of 3

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 03-cv-02461-MSK-MEH LEPRINO FOODS COMPANY, Plaintiff, v. FELDMEIER EQUIPMENT, INC., Defendant. STIPULATED JOINT MOTION TO EXTEND DEADLINES ­ AND ­ CERTIFICATE OF COMPLIANCE WITH D.C.COLO.LCivR 6.1D Plaintiff Leprino Foods Company (" Leprino" and Defendant Feldmeier ) Equipment, Inc. (" Feldmeier" through their counsel, respectfully submit this Stipulated ), Joint Motion to Extend Deadlines ­ and ­ Certificate of Compliance with D.C.COLO.LCivR 6.1D. As grounds therefor, the Parties state as follows: 1. Pursuant to the Court' March 29, 2004 Trial Preparation Order ­ Jury s

Trial (Civil), the Parties are required to submit their Joint Exhibit List, Joint Witness List, Joint Proposed Voir Dire, Jury Instructions, Joint Verdict Forms, Joint Glossary, Joint Deposition Designations and file their Trial Briefs no later than 20 days prior to the May 26, 2006 Final Trial Preparation Conference. 2. The Parties have scheduled a settlement conference with Magistrate If the settlement conference is

Judge Hegarty on May 17, 2006, at 1:30 p.m.

successful, all of the filing deadlines would be obviated, and the Parties would save significant attorneys'fees.

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

Document 106

Filed 05/04/2006

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3.

Thus, the Parties request modification of the following deadlines: Deadline Current May 5, 2006 May 5, 2006 May 5, 2006 May 5, 2006 May 5, 2006 May 5, 2006 May 5, 2006 Requested May 23, 2006 May 23, 2006 May 23, 2006 May 23, 2006 May 23, 2006 May 23, 2006 May 23, 2006

Deadline to submit witness and exhibit lists. Deadline to submit joint proposed voir dire. Deadline to submit joint proposed jury instructions. Deadline to submit joint verdict form. Deadline to submit joint glossary. Deadline to submit joint deposition designations. Deadline to file Trial Briefs 4.

These extensions will not unduly delay these proceedings or otherwise

interfere with the administration of justice. 5. Pursuant to D.C.COLO.LCivR 6.1D, a copy of this motion is being served

upon each party. WHEREFORE, the Parties respectfully request a modification of deadlines as addressed above. Respectfully submitted this 4th day of May 2006. LEPRINO FOODS COMPANY s/ Bret M. Heidemann Michael G. Bohn Bret M. Heidemann Campbell Bohn Killin Brittan & Ray, LLC 270 St. Paul Street, Suite 200 Denver, Colorado 80206 (303) 322-3400 (phone) (303) 322-5800 (fax) [email protected] [email protected] FELDMEIER EQUIPMENT, INC. s/ Catherine Tallerico Catherine A. Tallerico, Esq. Fowler, Schimberg & Flanagan, P.C. 1640 Grant Street, Suite 300 Denver, Colorado 80203 (303) 298-8603 (phone) [email protected]

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

Document 106

Filed 05/04/2006

Page 3 of 3

CERTIFICATE OF SERVICE I hereby certify that on the 4th day of May 2006, a true and correct copy of the foregoing STIPULATED JOINT MOTION TO EXTEND DEADLINES ­ AND ­ CERTIFICATE OF COMPLIANCE WITH D.C.COLO.LCivR 6.1D was deposited in the United States mail, postage prepaid, addressed to: Jon Alby, Esq. Leprino Foods Company 1830 W. 38th Avenue Denver, CO 80211 Feldmeier Equipment, Inc. P.O. Box 474 Syracuse, NY 13311-0474

s/ Cori Atteberry Cori Atteberry, Legal Assistant

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