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

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

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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 UNOPPOSED 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 an extension of time, to Tuesday, August 8, 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. Plaintiff has no objection to this motion. 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. In that document the U.S. Magistrate Judge warned that any

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

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objection to the Order and Recommendation must be filed within ten days of the date of service of the Order and Recommendation. Consequently, defendant's motion for an extension of time, insofar as it is being filed on Monday, January 31, 2006, is timely under Fed. R. Civ. P. 6(b)(1). 2. Defendant's undersigned counsel anticipated filing a timely Objection to

the Order and Recommendation, but has been hindered in his efforts to do so due to previously scheduled events in the present case and in his other cases. In particular, in the present case undersigned counsel was involved in a deposition which lasted all day on Monday, July 28, 2006. He was also involved in the present case in preparing for and attending a Rule 30(b)(6) deposition on Friday, July 28, 2006, which required defendant to designate and prepare several witnesses to testify regarding literally dozens of topics. In addition, on Tuesday, July 25, 2006, he was involved in preparing for and attending a settlement conference with the Court in Colorado Wild v. Clark, et al., Civil Action No. 05-cv-01173-JLK-DW; and on Wednesday, July 26, 2006, he was involved in preparing for and attending a status conference in Tannehill v. FEMA, Civil Action No. 05-cv00496-REB-CBS. 3. As a result of defendant's counsel's assignments as set forth above, he has

not been able to date to complete defendant's objection to the Order and Recommendation for filing with the Court.

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4.

From Wednesday morning, August 2, 2006 until Monday evening, August

7, 2006, defendant's undersigned counsel will be out of state on a previously-scheduled family trip to Iowa. Undersigned counsel's trip to Iowa has been planned for many months. 5. Plaintiff's counsel Dugan Bliss, Esq., states that plaintiff has no objection to

this request for an extension of time. WHEREFORE, defendant respectfully requests an extension of time, to Tuesday, August 8, 2006, to file defendant's objection to the Order and Recommendation issued by the United States Magistrate Judge in this case on Friday, January 21, 2006. Dated this 31 st day of July, 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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CERTIFICATE OF SERVICE I hereby certify that on this 31 st day of January, 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 31 st day of July, 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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