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

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

Document 241

Filed 09/11/2006

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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.

UNOPPOSED MOTION FOR EXTENSION OF TIME TO FILE A REPLY IN SUPPORT OF FEDERAL OFFICERS' MOTION FOR SUMMARY JUDGMENT

Defendants Robert A. Hood, James Burrell, David Duncan, C. Chester, and J.C. Zuercher ("the Federal Officers"), by and through undersigned counsel, hereby move this Court for an order granting a one-day extension of time to September 13, 2006, within which to file a Reply in Support of their Motion for Summary Judgment. As grounds therefor, the Federal Officers state as follows: 1. On July 28, 2006, the Federal Officers filed a Motion for Summary Judgment.

(Docket No. 229). 2. On August 17, 2006, Plaintiff Ahmed Ajaj ("Plaintiff') filed an Unopposed

Motion for Extension of Time to File a Response to the Motion for Summary Judgment and requested a 10-day extension of time. (Docket No. 233). 3. On August 21, 2006, the Court granted Plaintiff's motion for extension of time

and provided Plaintiff until August 28, 2006 to file a Response brief. (Docket No. 235). 1

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4.

On August 28, 2006, Plaintiff filed a Response to Federal Officers' Motion for

Summary Judgment. (Docket No. 239). 5 The deadline for the Federal Officers to file a Reply in support of the pending

Motion for Summary Judgment is September 12, 2006. 6. The Federal Officers request that the Court grant a brief one-day extension of time

to September 13, 2006 for filing a Reply. The Federal Officers have good cause for requesting this extension of time. Undersigned counsel Amanda Rocque has had the following deadlines since Plaintiff filed his Response on August 28, 2006: (1) a joint status report in Some-R-Home v. United States Forest Service et al., Civil Action No. 05-cv-01461-PSF-BNB (D. Colo.) on August 28, 2006, and a settlement conference in that same case on August 31, 2006; (2) a notice of filing of state court pleadings in Broston v. Waste Management et al., 06-cv-01626-REB-CBS (D. Colo.) on August 30, 2006; (3) a motion for extension of time for filing an Answer or other responsive pleading and a motion to stay discovery in Crumpton v. Finnin, 05-cv-02343-MSKPAC (D. Colo.) on August 30, 2006; (4) initial disclosures in Crumpton v. Finnin, 05-cv-02343MSK-PAC (D. Colo.) on September 5, 2006; (5) a response to plaintiff's motion to strike in Brown v. Nalley et al., 06-cv-00047-MSK-MJW (D. Colo.) on September 5, 2006; (6) a hearing in Estate of William Harvey v. United States, 04-cv-00188-WYD-CBS (D. Colo.) on September 6, 2006; (7) supplemental discovery produced in the above-captioned lawsuit on September 6, 2006; (8) a deposition of Plaintiff George Mayers in Mayers v. Harvey, 05-cv-02462-WYDMJW (D. Colo.) on September 8, 2006; (9) supplemental discovery in Mayers v. Harvey, 05-cv02462-WYD-MJW on September 8, 2006 and September 11, 2006; and (10) a response to plaintiff's motion to show cause in Brown v. Nalley et al., 06-cv-00047-MSK-MJW (D. Colo.)

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on September 11, 2006. 7. Pursuant to D.C.COLO.LCivR 7.1A, undersigned counsel has conferred with

Carmen Reilly, who represents Plaintiff in this action. Ms. Reilly orally indicated that Plaintiff has no objection to the Federal Officers' request for one-day extension of time until September 13, 2006 to file a Reply. 8. Pursuant to D.C.COLO.LCivR 7.1D, the Federal Officers have attached a

Proposed Order to this unopposed motion. 9. No party will be unduly prejudiced by this motion.

WHEREFORE, the Federal Officers respectfully request that the Court to grant an extension of time up to and including September 13, 2006 within which to file a Reply in Support of Motion for Summary Judgment. DATED this 11th day of September, 2006. Respectfully submitted, TROY A. EID United States Attorney

s/ Amanda Rocque Amanda Rocque Assistant United States Attorney 1225 Seventeenth Street, Suite 700 Denver, Colorado 80202 Telephone: (303) 454-0100 Facsimile: (303) 454-0404 Email: [email protected] Attorneys for Defendant

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CERTIFICATE OF MAILING I hereby certify that on this 11th day of September, 2006, I electronically filed the foregoing UNOPPOSED MOTION FOR EXTENSION OF TIME TO FILE A REPLY IN SUPPORT OF FEDERAL OFFICERS' MOTION FOR SUMMARY JUDGMENT 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 11th day of September, 2006, I served the foregoing UNOPPOSED MOTION FOR EXTENSION OF TIME TO FILE A REPLY IN SUPPORT OF FEDERAL OFFICERS' MOTION FOR SUMMARY JUDGMENT 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

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