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

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

Document 232

Filed 08/08/2006

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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. ANTHONY J. PRINCIPI, Secretary, Department of Veterans Affairs, Defendant.

DEFENDANT'S SECOND MOTION FOR EXTENSION OF TIME TO FILE OBJECTION TO ORDER AND RECOMMENDATION OF U.S. MAGISTRATE JUDGE

Defendant Anthony J. Principi, Secretary, Department of Veterans Affairs, by and through undersigned counsel, hereby moves pursuant to Rule 6(b)(1) of the Federal Rules of Civil Procedure for a second two-day extension of time, to Thursday, August 10, 2006, to file defendant's objection to the Order and Recommendation issued by the United States Magistrate Judge in this case on Friday, July 21, 2006. In support of defendant's motion, defendant asserts the following: 1. The U.S. Magistrate Judge issued her Order and Recommendation on

Friday, July 21, 2006. On July 31, 2006, defendant filed its first motion for an extension

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

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Filed 08/08/2006

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of time, to August 8, 2006, to file its objection to the Order and Recommendation. That extension motion was granted by the Court. 2. Defendant's undersigned counsel has drafted a proposed objection to the

Order and Recommendation and anticipated filing it on August 8, 2006. An additional issue arose, however, after 5:00 p.m. on August 8, 2006 which undersigned counsel did not anticipate in his draft proposed objection and which he has not had the opportunity to present to supervisory staff at the U.S. Attorney's Office for review. That issue will need to be resolved before defendant's undersigned counsel can file the objection with the Court. 3. This second request for an extension of time is for a very short period and

will not unduly delay resolution of this case. 4. Due to the hour at which defendant's undersigned counsel realized that the

objection could not be filed with the Court on August 8, 2006, undersigned counsel has not had the opportunity to consult with opposing counsel regarding this second requested extension. Defendant will consult with plaintiff's counsel on August 9, 2006 and inform the Court of plaintiff's position on this motion. WHEREFORE, defendant respectfully requests a second two-day extension of time, to Thursday, August 10, 2006, to file defendant's objection to the Order and

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

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Recommendation issued by the United States Magistrate Judge in this case on Friday, January 21, 2006. Dated this 8 th day of August, 2006. Respectfully submitted, WILLIAM J. LEONE 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 232

Filed 08/08/2006

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CERTIFICATE OF SERVICE I hereby certify that on this 8 th day of August, 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 8 th day of August, 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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