Free Motion for Leave to File Excess Pages - District Court of Colorado - Colorado

Case 1:03-cv-01959-MSK-PAC

Document 248

Filed 09/21/2006

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Civil Action Number 03-cv-01959-MSK-PAC IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Honorable Marcia S. Krieger

AHMED M. AJAJ, Plaintiff, v. UNITED STATES OF AMERICA, ROBERT A. HOOD, JAMES BURRELL, DAVID DUNCAN, C. CHESTER, and J.C. ZUERCHER, RON WILEY, in his official capacity, and MICHAEL NALLY, in his official capacity, Defendants.

PLAINTIFF' UNOPPOSED MOTION TO FILE EXCESS PAGES S Plaintiff Ahmad M. Ajaj, by and through counsel, files this Unopposed Motion to File Excess Pages and in support states as follows: 1. D.C.COLO.LCivR 7.1 Certification. Counsel for Ajaj spoke with counsel

for Defendants, Amanda Rocque. Ms. Rocque indicated she was unopposed to this Motion. 2. On July 28, 2006, the Federal Officers filed a Motion for Summary

Judgment pursuant to Fed. R. Civ. P. 56. 3. On August 28, 2006, Plaintiff Ajaj filed a Response to Motion for

Summary Judgment that was 24 pages in length. 4. Section V.H.3 of this Court' Practice Standards states that a response s

brief for Rule 56 motions shall not exceed 20 pages without leave of the court.

Case 1:03-cv-01959-MSK-PAC

Document 248

Filed 09/21/2006

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5.

Due to an oversight by counsel, a motion to file excess pages was not filed

contemporaneously with the filing of Plaintiff' Response to Federal Officers'Motion for s Summary Judgment. Plaintiff respectfully requests this Court consider this Motion to File Excess Pages and accept Plaintiff' Response to Federal Officers'Motion for s Summary Judgment which exceeds this Court' page limitation by four additional pages. s 6. Plaintiff requests the additional pages to adequately respond to the Federal

Officers'Motion for Summary Judgment which raises the affirmative defense of qualified immunity for each of Plaintiff' four constitutional claims. The additional s pages are required in order for Plaintiff to adequately respond to Federal Officers' Motion for Summary Judgment and attempt to overcome the defense. WHEREFORE, Plaintiff Ahmed M. Ajaj respectfully requests this Court grant this Motion and accept his Response to Federal Officers'Motion for Summary Judgment, which exceeds this Court' page limitation by four pages. s

Dated: September 21, 2006. s/ Carmen N. Reilly______________ Carmen N. Reilly Montgomery Little Soran Murray & Kuhn, P.C. 5445 DTC Parkway, Suite 800 Greenwood Village, CO 80111 Telephone: (303) 773-8100 Facsimile: (303) 220-0412 E-mail: [email protected] Attorneys for Plaintiff Ahmed M. Ajaj

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Case 1:03-cv-01959-MSK-PAC

Document 248

Filed 09/21/2006

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CERTIFICATE OF SERVICE I hereby certify that on September 21, 2006, I electronically filed the foregoing with the Clerk of Court using the CM/ECF system which will send notification of such filing to the following e-mail addresses: Amanda Rocque, Esq. 1225 17th Street, Suite 700 Denver, Colorado 80202 [email protected] Elizabeth A. Weishaupl, Esq. Assistant United States Attorney 1225 Seventeenth Street, Suite 700 Denver, CO 80202 [email protected] I hereby certify that I have mailed or served the document or paper to the following non CM/ECF participants via U.S. Mail, postage prepaid, indicated by the nonparticipant' name, addressed to: s Chris Synsvoll, Esq. Supervisor Legal Department U.S. Penitentiary Max P.O. Box 8500 Florence, Colorado 81266-8500 Ahmed M. Ajaj #40637-053 U.S. Penitentiary Max P.O. Box 8500 Florence, Colorado 81266-8500 s/ Deborah J. Harant_________________ Deborah J. Harant

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