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

Case 1:03-cv-02435-PSF-PAC

Document 262

Filed 09/26/2006

Page 1 of 4

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 03-cv-02435-PSF-PAC LILLIAN F. SANDLE, Plaintiff, v. R. JAMES NICHOLSON, Secretary of Veterans Affairs, Defendant.

DEFENDANT'S UNOPPOSED MOTION FOR LEAVE TO FILE MOTION FOR SUMMARY JUDGMENT RE: COUNTER-CLAIM ONE MINUTE LATE

Defendant R. James Nicholson, Secretary, Department of Veterans Affairs,1 by and through undersigned counsel, hereby moves pursuant to Rule 6(b) of the Federal Rules of Civil Procedure for leave to file one minute late its motion for summary judgment regarding its counter-claim. Plaintiff does not oppose this motion. As grounds for this motion, defendant states as follows: 1. Pursuant to the Court's Order filed August 1, 2006, dispositive motions were due

no later than September 1, 2006. See Docket No. 229.

Plaintiff originally named as the defendant Anthony J. Principi, who at the time was the Secretary, Department of Veterans Affairs. In early 2006 Mr. Nicholson was named as Secretary, and he is therefore automatically substituted as the defendant pursuant to Fed. R. Civ. P. 25(d)(1).

1

Case 1:03-cv-02435-PSF-PAC

Document 262

Filed 09/26/2006

Page 2 of 4

2.

Defendant's motion for summary judgment regarding its counter-claim was

entered on the Court's docket on Saturday, September 2, 2006 at 12:00 a.m., one minute late. See Exhibit A, attached hereto (indicating that the motion for summary judgment re: counter-claim was "entered on 9/2/2006 at 0:00 AM MDT"); see also Docket No. 244 (indicating that motion for summary judgment re: counter claim was entered on September 2, 2006). 3. Defendant had already filed on September 1, 2006, its motion for summary

judgment with respect to the merits of plaintiff's allegations in her Second Amended Complaint. See Docket No. 243. 4. Defendant experienced difficulty filing its summary judgment motion regarding

the merits of plaintiff's allegations due to the voluminous exhibits defendant sought to file with its motion. These difficulties delayed the filing of defendant's summary judgment motion regarding the merits of plaintiff's allegations, and ultimately that motion was filed only shortly before midnight on September 1, 2006. 5. Defendant was entered into the Court's ECF filing system prior to midnight and

was endeavoring to file defendant's motion for summary judgment regarding its counterclaim on or before 11:59 p.m. on September 1, 2006. Defendant missed that filing deadline by one minute.

-2-

Case 1:03-cv-02435-PSF-PAC

Document 262

Filed 09/26/2006

Page 3 of 4

WHEREFORE, defendant respectfully requests that it be permitted to file its motion for summary judgment regarding its counter-claim one minute late, on September 2, 2006 at 12:00 midnight. Counsel for plaintiff was informed that defendant would be filing this motion asking for leave to file its summary judgment motion re: counter-claim one minute late, and plaintiff's counsel stated that plaintiff would not oppose this request to file the motion one minute late. Dated this 25 th day of September, 2006. Respectfully submitted, TROY A. EID United States Attorney s/ Michael C. Johnson MICHAEL C. JOHNSON Assistant United States Attorney 1225 Seventeenth Street, Suite 700 Denver, Colorado 80202 Telephone: (303) 454-0134 FAX: (303) 454-0408 E-mail: [email protected] Counsel for Defendant

-3-

Case 1:03-cv-02435-PSF-PAC

Document 262

Filed 09/26/2006

Page 4 of 4

CERTIFICATE OF SERVICE I hereby certify that on this 25 th day of September, 2006, I electronically filed the foregoing document with the Clerk of the Court using the CM/ECF system, which will send notification of such filing to the following e-mail addresses: Counsel for Plaintiff: Elizabeth Kapukihilani Pietsch Email: [email protected] Dugan William Edward Bliss Email: [email protected] Sean Robert Gallagher Email: [email protected]

I hereby certify that on this 25 th day of September, 2006, I served the foregoing document via electronic mail on the following non-CM/ECF participant: Agency Counsel: Thomas Kennedy [email protected]

s/ Michael C. Johnson MICHAEL C. JOHNSON Attorney for Defendant United States Attorney's Office 1225 Seventeenth Street, Suite 700 Denver, Colorado 80202 Telephone: (303) 454-0134 FAX: (303) 454-0408 E-mail: [email protected]

-4-