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

Case 1:03-cv-01973-PSF-MJW

Document 239

Filed 10/20/2006

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 03-CV-01973-PSF-MJW (Consolidated with 04-CV-02112-PSF-MJW) WALKER GROUP, INC., Plaintiff, v. FIRST LAYER COMMUNICATIONS, INC. and J.E.H. KNUTSON, Defendants.

SECOND MOTION FOR ADDITIONAL TIME TO COMPLY WITH ATTORNEY FEES AWARD

Defendant, J.E.H. Knutson, by and through counsel, Fairfield and Woods, P.C., respectfully states as follows: 1. Pursuant to D.C. Colo. L. Civ. R. 7.1, Defendant attempted to confer with

Plaintiff before filing this Motion. Specifically, Defendant'counsel, Michael R. McCurdy, s called Plaintiff'counsel, Richard Gottlieb, this morning to discuss this Motion. Because Mr. s Gottlieb was unavailable, the undersigned left him a voicemail message explaining the necessity of this Motion. Plaintiff has not responded to the voicemail message and, thus, Defendant is unaware of Plaintiff'position, but assumes Plaintiff opposes it. s

Case 1:03-cv-01973-PSF-MJW

Document 239

Filed 10/20/2006

Page 2 of 3

2.

As agreed during counsels' October 12, 2006 telephone conversation,

Plaintiff advised Defendant this week whether it would pursue payment of the attorney fees awarded to Plaintiff on September 29, 2006. In a letter dated October 17, 2006, Plaintiff advised Defendant, " will expect payment on or before the extended deadline of October 20, 2006." We 3. Because Defendant has been out of town for business since October 17,

2006, the undersigned has not had an opportunity to discuss or advise Defendant about Plaintiff' s position. Accordingly, Defendant requires a brief additional seven-day period of time in which to confer with counsel, and satisfy or otherwise respond to Plaintiff'demand for payment. s 4. Because the purpose of this Motion is to provide Defendant with a

reasonable and fair opportunity to consult with counsel relative to Plaintiff'position, Defendant s will not seek any further extensions of the deadline to satisfy the Court'September 29, 2006 s attorney fees award. WHEREFORE, Defendant respectfully requests the Court to enter an Order extending the October 20, 2006 deadline established in its September 19, 2006 Order to and including Friday, October 27, 2006. Respectfully submitted this 20th day of October 2006.

s/ Michael R. McCurdy Michael R. McCurdy Fairfield and Woods, P.C. 1700 Lincoln Street, Suite 2400 Denver, CO 80203 Phone: (303) 830-2400 Fax: (303) 830-1033 Email: [email protected] ATTORNEYS FOR DEFENDANT J.E.H. KNUTSON

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Case 1:03-cv-01973-PSF-MJW

Document 239

Filed 10/20/2006

Page 3 of 3

CERTIFICATE OF SERVICE I hereby certify that on this 20th day of October 2006, I electronically filed the foregoing with the Court using the CM/ECF system, which will send notification of such filing to the following email-addresses: [email protected] [email protected] s/ Michael R. McCurdy Michael R. McCurdy Fairfield and Woods, P.C. 1700 Lincoln Street, Suite 2400 Denver, CO 80203 Phone: (303) 830-2400 Fax: (303) 830-1033 Email: [email protected] Email: [email protected] ATTORNEYS FOR DEFENDANT J.E.H. KNUTSON

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