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

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

Document 176

Filed 12/20/2005

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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 Robert A. Hood, James Burrell, David Duncan, C. Chester, and J. C. Zuercher ("Federal Officers"), by and through undersigned counsel, file this Unopposed Motion to File Excess Pages and, in support thereof, state the following: 1. On September 27, 2005, the Court issued an Order granting Plaintiff Ahmed Ajaj

("Plaintiff") leave to file a Third Amended Complaint. (Docket No. 158). The Court ordered that Plaintiff should file his Third Amended Complaint, on or before October 17, 2005. (Id. at 5). 2. On October 17, 2005, Plaintiff filed and served a Third Amended Complaint in

this lawsuit, in which he raises four separate constitutional claims against the Federal Officers pursuant to Bivens v. Six Unknown Named Agents of Fed. Bureau of Narcotics, 403 U.S. 388 (1971). (Id. at ¶¶ 10, 51-98). 3. The Federal Officers filed a Motion to Dismiss Third Amended Complaint

Pursuant to Fed. R. Civ. P. 12(b)(1) and 12(b)(6) on October 31, 2005. (Docket No. 163).

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

Document 176

Filed 12/20/2005

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4.

Section V.A of this Court's Civil Practice Standards states that replies shall not

exceed 10 pages in length. 5. Respondents seek leave of the Court to exceed this page limitation by five (5)

pages when they file their Reply in Support of Motion to Dismiss the Third Amended Complaint. 6. There is good cause for this motion. The Third Amended Complaint raises four

separate claims against the Federal Officers in their individual capacities. The Federal Officers must also address whether Plaintiff has affirmatively demonstrated exhaustion for all claims raised against them in the Third Amended Complaint. 7. Pursuant to D.C.COLO.LCivR 7.1A, undersigned counsel conferred with Carmen

Reilly, counsel for Plaintiff, on December 20, 2005. 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 to Dismiss Third Amended Complaint. Respectfully submitted this 20th day of December, 2005. WILLIAM J. LEONE United States Attorney

s/ Amanda Rocque Amanda Rocque Assistant United States Attorney 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 176

Filed 12/20/2005

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CERTIFICATE OF SERVICE I hereby certify that on this 20th day of December, 2005, 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: Michael E. Hegarty [email protected] [email protected] Patrick Terrence O'Rourke [email protected] [email protected];[email protected] Carmen Nicole Reilly [email protected] [email protected] s/Amanda Rocque Amanda Rocque 1225 Seventeenth Street, Suite 700 Denver, CO 80202 Telephone: (303) 454-0100 Facsimile: (303) 454-0404 E-mail: [email protected] I hereby certify that on this 20th day of December, 2005, I served the foregoing via U.S. mail: Agency Counsel, as designated agent for and on behalf of individual Defendants: Christopher Synsvoll, Esq. Benjamin Brieschke, Esq. Federal Correctional Complex P.O. Box 8500 5880 Highway 67 South Florence, CO 81226 s/ Valerie Nielsen Valerie Nielsen Office of the United States Attorney