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-2435-PSF-PAC (Consolidated with 04-cv-0639-PSF-PAC) LILLIAN F. SANDLE, Plaintiff, v. ANTHONY J. PRINCIPI, Secretary, Department of Veterans Affairs, Defendant.

Civil Action No. 04-cv-0639-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 TWO-DAY EXTENSION OF TIME TO FILE RESPONSE TO PLAINTIFF'S OBJECTION TO DECISION BY MAGISTRATE JUDGE

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

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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)(1) of the Federal Rules of Civil Procedure for a two-day extension of time, to Wednesday, January 25, 2006, to file defendant's response to plaintiff Lillian F. Sandle's Objection to Decision by Magistrate Judge Regarding Defendant's Motion to Amend Answer (hereafter, "Objection"). Plaintiff has no objection to this motion. In support of defendant's motion, defendant asserts the following: 1. 2. Plaintiff filed her Objection on January 3, 2006. In an Order of the Court filed January 10, 2006, the Court ruled that

plaintiff's Objection "is in the nature of a request for reconsideration of the ruling by the Magistrate Judge. . . ." See Docket No. 198 at 2. 3. Pursuant to D.C.COLO.LCivR 7.1(C), a responding party "shall have 20

days after the filing date of the motion, or such lesser or greater time as the court may allow, in which to file a response." 4. Defendant's undersigned counsel anticipated filing a timely response to

plaintiff's Objection, but was hindered in his efforts to do so due to intervening actions in his other cases which required his immediate attention. In particular, on January 9, 2006, the Court in Goodwill v. Committee for Purchase from People Who Are Blind Or Severely Disabled, et al., Civil Action No. 05-cv-01439-PSF-MJW, issued an Order

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denying Federal Defendants' motion to dismiss. Undersigned counsel spent a considerable part of the next 14 days assisting in the writing of a motion for reconsideration of the Court's January 9, 2006 Order. Federal Defendants' motion for reconsideration was filed in that case on January 19, 2006. See Goodwill v. Committee for Purchase from People Who Are Blind Or Severely Disabled, et al., Civil Action No. 05-cv-01439-PSF-MJW, at Docket No. 95. Undersigned counsel was also involved, during the period of time following plaintiff's filing of her Objection, in discovery in the case Jordan v. Pugh, et al., Civil Action No. 02-cv-01239-MSK-PAC, including the taking of plaintiff's deposition and reviewing and preparing responses to a large multitude of written discovery requests from plaintiff. In addition, undersigned counsel represented defendants at a hearing on January 17, 2006 in Durango, Colorado on two motions filed by plaintiff in Colorado Wild v. Clark, et al., Civil Action No. 05-cv01173-JLK-DW. Undersigned counsel was also involved during this period of time in work on a number of other cases, including the filing of a motion for summary judgment on January 11, 2006 in Hull v. Dept. of Labor, Civil Action No. 04-cv-01264-LTB-OES, and the filing of a cross-complaint in Guidry v. United States of America, et al., Civil Action No. 05-cv-01356-WYD-OES 5. As a result of defendant's counsel's other assignments as set forth above, he

has not been able to date to complete defendant's response to plaintiff's Objection.

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6.

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 Wednesday, January 25, 2006, to file defendant's response to plaintiff's Objection to Decision by Magistrate Judge Regarding Defendant's Motion to Amend Answer 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

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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 December, 2005, 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]