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

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

Document 247

Filed 09/21/2006

Page 1 of 4

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 03-cv-01959-MSK-PAC AHMED M. AJAJ, Plaintiff, v. UNITED STATES OF AMERICA, ROBERT A. HOOD, JAMES BURRELL, DAVID DUNCAN, C. CHESTER, J.C. ZUERCHER, MICHAEL NALLEY, in his official capacity, and RON WILEY, in his official capacity, Defendants.

JOINT MOTION FOR EXTENSION OF TIME TO RESUBMIT FINAL PRETRIAL ORDER

Plaintiff Ahmed Ajaj ("Plaintiff"), by and through his counsel, Carmen Reilly and John Riley, and Defendants Robert A. Hood, James Burrell, David Duncan, C. Chester, and J.C. Zuercher ("the Federal Officers"), by and through their counsel, United States Attorney Troy A. Eid and Assistant United States Attorneys Amanda Rocque and Elizabeth Weishaupl, hereby request a 10-day extension of time to October 5, 2006, within which to re-submit a Final Pretrial Order in accordance with the Court's August 25, 2006 Order. As grounds therefor, the parties jointly state as follows: 1. On July 7, 2006, the parties submitted a Final Pretrial Order to the Court.

1

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

Document 247

Filed 09/21/2006

Page 2 of 4

2.

On July 19, 2006, the Court held a hearing in which the Court directed the parties

to resubmit their Final Pretrial Order. 3. Order. 4. On August 25, 2006, the Court issued an Order directing the parties to re-submit On August 23, 2006, the parties re-submitted their first revised Final Pretrial

the Final Pretrial Order in accordance with the Court's July 19, 2006 Order, which set forth the format that the Court wishes the parties to use in their Final Pretrial Order.1 The Court directed the parties to re-submit this second revised Final Pretrial Order, on or before September 25, 2006. 5. The parties jointly request a brief 10-day extension of time in which to re-submit

the second revised Final Pretrial Order. The parties have been working diligently and conferring together to try to comply with the Court's format for the Final Pretrial Order, but need additional time to ensure that they have satisfied the Court's requirements. 6. Pursuant to D.C.COLO.LCivR 7.1D, the parties have attached a Proposed Order

to this unopposed motion. 7. No party will be unduly prejudiced by this motion.

WHEREFORE, the parties respectfully request that the Court to grant an extension of time up to and including October 5, 2006 within which to re-submit their second revised Final Pretrial Order.

As explained in the Court's August 25, 2006 Order, this July 19, 2006 Order was never docketed by the Clerk's Office. Accordingly, counsel for the parties did not have the opportunity to review this July 19, 2006 Order, prior to re-submitting the Final Pretrial Order on August 23, 2006. 2

1

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

Document 247

Filed 09/21/2006

Page 3 of 4

DATED this 21st day of September, 2006.

Respectfully submitted, COUNSEL FOR PLAINTIFF AJAJ

s/ Carmen N. Reilly____________ Carmen N. Reilly Montgomery Little Soran Murray & Kuhn, PC 5445 DTC Parkway, Suite 800 Greenwood Village, CO Telephone: (303) 773-8100 Facsimile: (303) 220-0412 E-mail: [email protected]

COUNSEL FOR DEFENDANTS TROY A. EID UNITED STATES ATTORNEY

s/Amanda Rocque Amanda Rocque s/ Elizabeth Weishaupl Elizabeth Weishaupl Assistant United States Attorneys 1225 17th Street, Suite 700 Denver, CO 80202 Telephone: (303) 454-0109 Facsimile: (303) 454-0404 E-mail: [email protected] [email protected]

3

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

Document 247

Filed 09/21/2006

Page 4 of 4

CERTIFICATE OF MAILING I hereby certify that on this 21st day of September, 2006, I electronically filed the foregoing JOINT MOTION FOR EXTENSION OF TIME TO RESUBMIT FINAL PRETRIAL ORDER with the Clerk of the Court using the CM/ECF system which will send notification of such filing to the following e-mail addresses: Carmen Nicole Reilly [email protected] [email protected] John Robert Riley [email protected] I hereby certify that on this 21st day of September, 2006, I served the foregoing JOINT MOTION FOR EXTENSION OF TIME TO RESUBMIT FINAL PRETRIAL ORDER on the following non-CM/ECF participants via electronic mail: Christopher Synsvoll, Esq., as designated agent on behalf of the United States and the individual defendants, [email protected]

s/ Amanda Rocque Amanda Rocque Office of the U.S. Attorney

4