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

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

Document 244

Filed 09/13/2006

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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, and J.C. ZUERCHER, Defendants.

FEDERAL OFFICERS' UNOPPOSED MOTION TO FILE EXCESS PAGES

Defendants Hood, Burrell, Duncan, Chester, and Zuercher ("Federal Officers"), by and through undersigned counsel, file this Unopposed Motion to File Excess Pages and, in support thereof, state the following: 1. At the July 19, 2006 hearing, the Court granted the Federal Officers leave to

exceed the 15-page limit for motions for summary judgment and file a 20-page motion for summary judgment. 2. On July 28, 2006, the Federal Officers filed a Motion for Summary Judgment

pursuant to Fed. R. Civ. P. 56. This Motion for Summary Judgment was 20 pages long. 3. On August 28, 2006, Plaintiff Ahmed Ajaj ("Plaintiff") filed a Response to

Motion for Summary Judgment. Plaintiff's Response was 24 pages long. 4. Section V.A of this Court's Civil Practice Standards states that replies in

dispositive motions shall not exceed 10 pages in length.

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

Document 244

Filed 09/13/2006

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5.

The Federal Officers seek leave of the Court to exceed this page limitation by ten

(10) pages when they file their Reply in Support of Motion for Summary Judgment. 6. There is good cause for this motion. The Third Amended Complaint raises four

separate claims against the five Federal Officers in their individual capacities. The Federal Officers must also address all of the factual assertions that Plaintiff has raised in his 24-page Response in order to fully brief and clarify the issues for the Court. 7. Pursuant to D.C.COLO.LCivR 7.1A, undersigned counsel conferred with Carmen

Reilly, counsel for Plaintiff. Ms. Reilly represents that Plaintiff does not oppose this motion. WHEREFORE, the Federal Officers request that the Court grant them leave to exceed the 10-page limit for their Reply in Support of Motion for Summary Judgment and allow them leave to file a 20-page Reply. Respectfully submitted this 13th day of September, 2006. 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 Email: [email protected] Attorneys for Defendants

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

Document 244

Filed 09/13/2006

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CERTIFICATE OF SERVICE I hereby certify that on this 13th day of September, 2006, I electronically filed the foregoing FEDERAL OFFICERS' UNOPPOSED MOTION TO FILE EXCESS PAGES 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 13th day of September, 2006, I served the foregoing FEDERAL OFFICERS' UNOPPOSED MOTION TO FILE EXCESS PAGES 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