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

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

Document 261

Filed 09/25/2006

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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 MOTION FOR EXTENSION OF TIME TO FILE RESPONSE TO PLAINTIFF'S MOTION FOR PARTIAL SUMMARY JUDGMENT

Defendant R. James Nicholson, Secretary, Department of Veterans Affairs,1 by and through undersigned counsel, hereby moves pursuant to Rule 6(b)(1) of the Federal Rules of Civil Procedure for a four-day extension of time, to Friday, September 29, 2006, to file defendant's response in opposition to plaintiff's motion for partial summary judgment. See Docket No. 242. As grounds for this motion, defendant states as follows: 1. Plaintiff filed her motion for partial summary judgment using the Court's ECF

filing procedures on September 1, 2006. Id.

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).

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

Document 261

Filed 09/25/2006

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2.

Pursuant to this Court's local rule regarding ECF filings, defendant's response is

due by Monday, September 25, 2006. 3. Defendant's undersigned counsel's depositions schedule in his other cases has

prevented him from timely preparing defendant's response for filing with the Court. During the last two and a half weeks, he has been extensively involved in depositions in a medical malpractice case, Teppo v. United States, Civil Action No. 05-cv-01802-MSKPAC; and a Title VII case, Bosse v. Chertoff, Civil Action No. 05-cv-02170-MSK-MJW. Undersigned counsel had depositions all day in the State of Montana on Thursday and Friday, September 7 and September 8. He then had depositions in Denver, Colorado for half of the day on Monday, September 11, and all day from Tuesday through Thursday, September 12-14, 2006. He had depositions all day from Monday, September 18 through Wednesday, September 20, 2006. In addition, he had a deposition that lasted half a day on Thursday, September 21, 2006. 4. During the time that undersigned counsel was not in deposition during this

approximately two and a half week period he was preparing for depositions. Consequently, defendant respectfully requests that it be granted a four-day extension of time, to Friday, September 29, to file its response to plaintiff's motion for partial summary judgment. Plaintiff opposes this extension request.

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

Document 261

Filed 09/25/2006

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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

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

Document 261

Filed 09/25/2006

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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:

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]

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