Free Motion for Leave - District Court of Colorado - Colorado

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

Document 201

Filed 01/23/2006

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO

Civil Action No. 03-cv-2435-PSF-PAC (Consolidated with 04-cv-00639-PSF-PAC) LILLIAN F. SANDLE, Plaintiff, v. ANTHONY J. PRINCIPI, Secretary, Department of Veterans Affairs, Defendant.

Civil Action No. 04-cv-00639-PSF-PAC (Consolidated with 03-cv-2435-PSF-PAC) LILLIAN F. SANDLE, Plaintiff, v. ANTHONY J. PRINCIPI, et al., Defendants.

DEFENDANT'S UNOPPOSED MOTION FOR LEAVE TO FILE AMENDED ANSWER

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

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Filed 01/23/2006

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Defendant Anthony J. Principi, Secretary, Department of Veterans Affairs, by and through undersigned counsel, hereby moves pursuant to Rule 6(b)(2) of the Federal Rules of Civil Procedure for leave to file defendant's Amended Answer in the above-captioned consolidated cases. In support of defendant's motion, defendant asserts the following: 1. Defendant filed on December 9, 2005, its Motion to Amend. Defendant

attached to the motion as an exhibit its proposed Amended Answer. See Docket No. 185. 2. On December 19, 2005, the Court issued an Order granting defendants'

motion to amend its Answer, and the Court further ordered that "counsel shall electronically file the Amended Answer . . . on or before December 21, 2005." See Docket No. 188. 3. Defendant's undersigned counsel inadvertently failed to recognize in the

Court's December 19, 2005 Order that defendant was to separately file the Amended Answer two days later, by December 21, 2005. Undersigned counsel's inadvertent failure to recognize this aspect of the Court's December 19 Order was due, in part, to all of the other activity in this case at that time, including defendant's filing on December 20, 2005 of defendant's motion for extension of time to conduct discovery in this case, see Docket No. 189; and the Court's ruling on December 20, 2005 granting defendant's motion, see Docket No. 195, and also resetting the trial date to November 6, 2006, see Docket No. 194.

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

Document 201

Filed 01/23/2006

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4.

Plaintiff has no opposition to this motion for leave to file defendant's

Amended Answer. Plaintiff does, however, continue to object to the Magistrate Judge's Order granting defendant's motion to amend its answer, (which plaintiff notes has now been converted into a Motion for Reconsideration). Plaintiff asserts that her objection to the Magistrate Judge's Order s still stands, notwithstanding her non-opposition to this motion by defendant for leave to file defendant's Amended Answer. 5. Defendant asserts that granting this motion will not unduly delay this case

or otherwise prejudice plaintiff, given the Court's rulings on December 20, 2005 extending discovery to July 2006 and continuing the trial date to late 2006. WHEREFORE, defendant respectfully requests leave to file defendant's Amended Answer in the above-captioned consolidated cases. Dated this 23 rd day of January, 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 -3-

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

Document 201

Filed 01/23/2006

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CERTIFICATE OF SERVICE I hereby certify that on this 23 rd 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 23 rd day of January, 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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