Free Motion for Leave - District Court of Colorado - Colorado

Case 1:03-cv-02320-PSF-MJW

Document 79

Filed 12/29/2005

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 03-cv-2320-PSF-MJW MARK JORDAN, Plaintiff, v. ROBERT A. HOOD, Warden, ADX Florence, MARY H. SOSA, Acting ISM, ADX Florence, in their official capacities, and FEDERAL BUREAU OF PRISONS, Defendants. MOTION FOR LEAVE TO FILE REPLY IN SUPPORT OF MOTION FOR PARTIAL SUMMARY JUDGMENT TWO DAYS LATE Plaintiff Mark Jordan ("Jordan"), through his undersigned counsel, and pursuant to Fed.R.Civ.P. 6(b), respectfully requests leave to file his Reply in Support of Motion for Partial Summary Judgment, tendered concurrently herewith, two days past the deadline established by D.C.COLO.LCivR 56.1(A). In support of this request, Jordan states as follows: Certificate of Compliance Pursuant to D.C.COLO.LCivR 7.1(A) Undersigned counsel for Jordan has attempted to confer with counsel for the Defendants, William G. Pharo, Esq., Assistant United States Attorney, and has been advised by Mr. Pharo's office that he will be out of his office for the entire week of December 26-31, 2005. Counsel is, therefore, unable to represent Mr. Pharo's position on this Motion. 1. Jordan filed a Motion for Partial Summary Judgment on October 20, 2005. In the

wake of three unopposed motions for extension of time to respond to Jordan's motion, the

Case 1:03-cv-02320-PSF-MJW

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Filed 12/29/2005

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Defendants filed their Response on December 12, 2005. Pursuant to D.C.COLO.LCivR 56.1(A), Jordan was permitted to file a Reply in support of his motion within 15 days thereafter ­ or December 27, 2005 ­ or such other time as the Court may order. 2. Due to his own holiday travel schedule and time constraints involved with the

preparation of a brief and supporting documents before the United States Court of Appeals for the Tenth Circuit, undersigned counsel has inadvertently missed the D.C.COLO.LCivR 56.1(A) deadline by two days. Counsel respectfully tenders his three-page Reply concurrently herewith subject to the Court's consideration of this Motion. 3. Oral argument is presently scheduled upon the subject Motion for Partial

Summary Judgment for January 20, 2006. 4. Jordan respectfully submits that no party will be prejudiced by the short extension

requested in this Motion, nor will the progress of these proceedings be impacted in any way. Respectfully submitted this 29th day of December, 2005. s/ Edward T. Ramey Edward T. Ramey ATTORNEYS FOR PLAINTIFF Isaacson Rosenbaum P.C. 633 17th Street, Suite 2200 Denver, CO 80202 Phone: 303/256-3978 Fax: 303/256-3152 E-mail: [email protected]

Case 1:03-cv-02320-PSF-MJW

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Filed 12/29/2005

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CERTIFICATE OF SERVICE I HEREBY CERTIFY that on this 29th day of December, 2005, I electronically filed a true and correct copy of the foregoing MOTION FOR LEAVE TO FILE REPLY IN SUPPORT OF MOTION FOR PARTIAL SUMMARY JUDGMENT TWO DAYS LATE with the Clerk of Court using the CM/ECF system which will send notification of such filing to the following e-mail address: ([email protected]) William G. Pharo, Esq. United States Attorney's Office 1225 17th Street, Suite 700 Denver, CO 80202 and that I forwarded a true and correct copy via U.S. Mail to: Mark Jordan Reg. No. 48374-066 U.S. Penitentiary - Max P.O. Box 8500 Florence, Colorado 81226-8500

s/ Susan Tablack _________________________________ Susan Tablack