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

Case 1:03-cv-02453-ZLW-DME

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Filed 06/08/2006

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 03-CV-02453-ZLW-CBS KEITH LANCE, CARL MILLER, RENEE NELSON, NANCY O'CONNOR, Plaintiffs, v. DONETTA DAVIDSON, Secretary of State for the State of Colorado, in her official capacity only, Defendant. SECRETARY OF STATE'S UNOPPOSED MOTION FOR EXTENSION OF TIME TO FILE REPLY BRIEF IN SUPPORT OF HER MOTION TO DISMISS Defendant Gigi Dennis, the Colorado Secretary of State, by and through her attorneys, the Office of the Colorado Attorney General, respectfully moves this Court for a 14-day extension of time, through and including June 26, 2006, in which to file a reply brief in support of her motion to dismiss. As grounds therefore, the Secretary states as follows: Certification of Compliance with D.C.COLO. LCivR 7.1A Pursuant to D.C.COLO.LCivR 7.1A, counsel for the Secretary conferred via e-mail correspondence with counsel for Plaintiffs regarding the filing of this motion. Plaintiffs' counsel does not object to the requested extension of time.

Case 1:03-cv-02453-ZLW-DME

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Filed 06/08/2006

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1.

Plaintiffs' Response Brief was filed on May 26, 2006. The Secretary's reply brief is

currently due June 10, 2006. However, as June 10 falls on a Saturday, the reply brief is actually due Monday, June 12, 2006. 2. In the time since Plaintiffs filed their Response Brief, counsel for the Secretary have

been busy with a host of other matters, including extensive preparation for oral argument in the Colorado Court of Appeals on June 6 in Barber v. Owens, No. 05CA752, a complex TABOR case involving the General Assembly's transfer of nearly half a billion dollars from cash funds to the General Fund; protest hearings at the Secretary's office on candidate petitions; an anticipated TRO hearing tomorrow in Denver District Court concerning Marc Holtzman's gubernatorial candidacy; anticipated further proceedings next week regarding that same matter; preparation of the final draft of the Secretary's proposed Election Rules and Campaign Finance Rules for official Rules Hearings on Monday, June 12; assisting the Secretary's office in responding to an extremely large Colorado Open Records Act request concerning electronic voting equipment; and preparation for the defense of the Secretary in an anticipated preliminary injunction motion in Conroy v. Dennis, No. 2006CV6072 (Denver Dist. Ct.), a lawsuit filed June 1st challenging the certification of four electronic voting systems in Colorado. The claims in Conroy are brought against the Secretary and nine Colorado counties; the plaintiffs allege computer code and security flaws with four separate vendor systems. Undersigned counsel anticipates that any hearing on a preliminary injunction motion in that case will take at least two weeks.

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Case 1:03-cv-02453-ZLW-DME

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Filed 06/08/2006

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3.

In light of these matters, Defendants respectfully request an additional 14 days,

through and including June 26, 2006, in which to complete a proper reply to the issues raised in Plaintiffs' Response Brief. 4. Plaintiffs will not be prejudiced by the requested extension of time, as the parties have

acknowledged that this case cannot be completely resolved in time to affect the 2006 elections.

WHEREFORE, Defendant Secretary of State respectfully requests a 14-day extension of time, through and including June 26, 2006, in which to file a reply brief in support of her motion to dismiss. Submitted this 8th day of June, 2006.

JOHN W. SUTHERS Attorney General s/ Monica M. Marquez MAURICE G. KNAIZER Deputy Attorney General MONICA M. MÁRQUEZ Assistant Attorney General Attorneys for Defendant Gigi Dennis, Colorado Secretary of State 1525 Sherman Street, 5th Floor Denver, Colorado 80203 Phone: 303-866-4500 Facsimile: 303-866-4765

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Case 1:03-cv-02453-ZLW-DME

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CERTIFICATE OF SERVICE I hereby certify that on June 8, 2006, I electronically filed the within SECRETARY OF STATE'S UNOPPOSED MOTION FOR EXTENSION OF TIME TO FILE REPLY BRIEF IN SUPPORT OF HER MOTION TO DISMISS with the Clerk of Court using the CM/ECF system which will send notification of such filing to the following e-mail addresses: John S. Zakhem, Esq. Brett R. Lilly, Esq. Doyle Zakhem Suhre & Lilly, LLC 950 S. Cherry St., Suite 312 Denver, Colorado 80246 [email protected] Attorneys for Plaintiffs

___________s/Pamela Ponder___________

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