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

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

Document 161

Filed 10/26/2005

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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). The Court further ordered that, in accordance with Fed. R. Civ. P. 15(a), the United States and the Federal Officers shall file an answer or motion to dismiss within 10 days of service of the Third Amended Complaint. (Id. at 6). 2. On October 17, 2005, Plaintiff filed and served a Third Amended Complaint in

this lawsuit, in which he raises constitutional claims against the Federal Officers pursuant to

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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 intend to file a Motion to Dismiss Third Amended

Complaint Pursuant to Fed. R. Civ. P. 12(b)(1) and 12(b)(6). Given that Fed. R. Civ. P. 6 applies to pleadings filed under Fed. R. Civ. P. 15(a), the deadline for the Federal Officers to file their responsive pleading is October 31, 2005. 4. Section V.A of this Court's Civil Practice Standards states that motions shall not

exceed 15 pages in length. 5. Respondents seek leave of the Court to exceed this page limitation when they file

a 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, all of which must be addressed to avoid waiver: (1) an Eighth Amendment claim concerning deliberate indifference to Plaintiff's medical needs; (2) a due process claim concerning the decision to transfer Plaintiff to ADX and alleged decision to detain him there indefinitely; (3) a due process claim concerning Plaintiff's classification in a more restrictive housing unit at the ADX; and (4) an equal protection claim concerning Plaintiff's classification in a more restrictive housing unit at the ADX. Not only must the Federal Officers address the qualified immunity arguments for each of these claims, but they must also address whether Plaintiff has affirmatively demonstrated exhaustion for all claims raised against them in the Third Amended Complaint. Plaintiff attaches ten separate attempts to exhaust administrative remedies for these claims, each of which must be reviewed. 2

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7.

Pursuant to D.C.COLO.LCivR 7.1A, undersigned counsel conferred with Carmen

Reilly, counsel for Plaintiff, on October 26, 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 15-page limit for their Motion to Dismiss Third Amended Complaint. Respectfully submitted this 26th day of October, 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

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CERTIFICATE OF SERVICE I hereby certify that on this 26th day of October, 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 26th day of October, 2005, I served the foregoing FEDERAL OFFICERS' UNOPPOSED MOTION TO FILE EXCESS PAGES via U.S. mail: 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 s/ Valerie Nielsen Valerie Nielsen Office of the United States Attorney

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