Free Motion for Leave - District Court of Colorado - Colorado

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

Document 221

Filed 07/17/2006

Page 1 of 4

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 03-cv-01959-MSK-PAC AHMED MOHAMMAD AJAJ, Plaintiff, v. ROBERT HOOD, et al., Defendants.

UNOPPOSED MOTION FOR LEAVE TO FILE A MOTION FOR SUMMARY JUDGMENT IN EXCESS OF 15 PAGES

Defendants, ("the Federal Officers") by William J. Leone, United States Attorney, and Elizabeth A. Weishaupl and Amanda Rocque, Assistant United States Attorneys, hereby file the following unopposed motion for leave to file a Motion for Summary Judgment in excess of 15 pages. In support thereto, the Federal Officers state as follows: 1. On July 17, 2006, the Federal Officers intend to file a Motion for Leave to

File a Motion for Summary Judgment pursuant to Fed. R. Civ. P. 56. 2. Section V.H.3 of this Court's Civil Practice Standards states that motions

shall not exceed twenty pages in length. 3. The Federal Officers seek leave of the Court to exceed this page limitation

when they file their Motion for Summary Judgment.

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

Document 221

Filed 07/17/2006

Page 2 of 4

4.

There is good cause for this motion. The Third Amended Complaint is 18

pages in length with 75 pages of attachments. The Third Amended Complaint contains five separate claims against five separate individual Bivens defendants in their individual capacities. Several claims contain multiple allegations which are specific in both time and as to the official duties of the individual Federal Officers. In addition, the Federal Officers are entitled to assert the defense of qualified immunity. However, such a defense requires an analysis of their personal participation in each of the alleged wrongful acts. 5. Permitting the Federal Officers to individually address the claims against

them, in one pleading rather than filing five separate pleadings, is in the interest of judicial economy. As there are five defendants, five motions of twenty pages in length would constitute one hundred total pages. The contemporaneously filed Motion for Summary Judgment is under forty-five pages in length. Thus, the Court's Practice Standards concern for brevity and conciseness is met by this page length. 6. As a result, good cause exists for permitting a summary judgment motion in

excess of the 15 page limit contained in this Court's Practice Standards. 7. Pursuant to D.C.COLO.LCivR 7.1A, undersigned counsel conferred with

Plaintiff's counsel Carmen Riley. Undersigned counsel is authorized to state that Plaintiff does not oppose this motion.

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

Document 221

Filed 07/17/2006

Page 3 of 4

WHEREFORE, the Defendants respectfully request an order granting leave to file a forty-five page Motion for Summary Judgment in excess of the page limitations contained in this Court's Practice Standards. DATED this 17th day of July, 2006

WILLIAM J. LEONE United States Attorney

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

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

Document 221

Filed 07/17/2006

Page 4 of 4

CERTIFICATE OF SERVICE I hereby certify that on this 17th day of July, 2006, I electronically filed the foregoing UNOPPOSED MOTION FOR LEAVE TO TAKE FILE A BRIEF IN EXCESS OF 15 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]

I hereby certify that on this 17th day of July, 2006, I served the foregoing via U.S. mail on the following non-CM/ECF participants: Agency Counsel, as designated agent for and on behalf of individual Defendants: Christopher Synsvoll, Esq. Federal Correctional Complex P.O. Box 8500 5880 Highway 67 South Florence, CO 81226 Email: [email protected]

s/ Elizabeth A. Weishaupl Elizabeth A. Weishaupl Amanda Rocque 1225 Seventeenth Street, Suite 700 Denver, CO 80202 Telephone: (303) 454-0100 Facsimile: (303) 454-0404 E-mail: [email protected] [email protected]