Free Response to Motion - District Court of Colorado - Colorado

Case 1:03-cv-02319-WDM-MJW

Document 99

Filed 08/09/2005

Page 1 of 2

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No.: 03-CV-02319-WDM-MJW OLOYEA D. WALLIN, Plaintiff, vs. CMI, KIM DEMPEWOLF, RYAN BRADLEY, MARY, SANDRA, AARON, JASON and CHARLES Defendants. ______________________________________________________________________________ DEFENDANTS' RESPONSE TO PLAINTIFFF'S "MOTION TO VACATE AUGUST 2, 2005 DEADLINE FOR JOINDER OF PARTIES AND AMENDMENT TO PLEADINGS WITHIN THE SCHEDULING ORDER" ______________________________________________________________________________ COME NOW the Defendants, CMI and Kim Dempewolf, by and through counsel, and hereby submit the following Response to "Motion to Vacate August 2, 2005 Deadline for Joinder of Parties and Amendment to Pleadings Within the Scheduling Order:" 1. The original deadline for the Joinder of Parties/Amendment of Pleadings was

August 2, 2005. During the July 26, 2005 Show Cause Hearing, the Court indicated that the deadline for the Joinder of Parties/Amendment of Pleadings would have to be extended in light of the lack of service on the remaining Defendants.

Case 1:03-cv-02319-WDM-MJW

Document 99

Filed 08/09/2005

Page 2 of 2

2.

Defendants do not object to Plaintiff's motion to vacate the previous deadline for the

Joinder of Parties/Amendment of Pleadings. Defendants request that the new deadline be set shortly after the Show Cause Hearing scheduled for August 26, 2005. Respectfully submitted this 9th day of August, 2005.

s/ Steven J. Wienczkowski Scott S. Nixon Steven J. Wienczkowski PRYOR JOHNSON CARNEY KARR NIXON , P.C. 5619 DTC Parkway, Suite 1200 Greenwood Village, Colorado 80111 (303) 773-3500 E-Mail: [email protected] E-Mail: [email protected] ATTORNEYS FOR CMI AND KIM DEMPEWOLF

CERTIFICATE OF MAILING I hereby certify that on the 9th day of August, 2005, a true and correct copy of the foregoing was placed in the U.S. Mail, postage prepaid thereon, addressed to: Oloyea D. Wallin Reg. #111389 Arkansas Valley Correctional Facility P.O. Box 1000 Crowley, Colorado 81034

s/Laura Buckingham Laura Buckingham, on behalf of Pryor Johnson Carney Karr Nixon, P.C.

-2-