Free Motion for Extension of Time - District Court of Colorado - Colorado

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

Document 236

Filed 02/28/2006

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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' MOTION FOR EXTENSION OF TIME TO FILE DISPOSITIVE MOTION ______________________________________________________________________________ COME NOW the Defendants, CMI, Kim Dempewolf, Marye Deming and Jason Coolidge, by and through counsel, and hereby submit the following Motion for Extension of Time to File Dispositive Motion: 1. Due to the difficulty of telephonically communicating with Plaintiff due to his

incarceration and the necessity of timely filing this motion, the undersigned did not confer with Plaintiff pursuant to D.C. COLO.LCivR. 7.1(A) regarding the relief requested herein.

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

Document 236

Filed 02/28/2006

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2.

On December 6, 2005, the Court granted Defendants' Motion to Compel Plaintiff to

provide notarized medical releases. As the Court is aware, Plaintiff still refuses to provide medical releases to Defendants. Defendants have filed two Motions for Extension of Time to File Dispositive Motions in the hope that Plaintiff would provide medical releases prior to the dispositive motions deadline. 3. Defendants have decided to file a summary judgment motion despite Plaintiff's

refusal to provide medical releases. Defendants expect to have their motion prepared no later than Monday March 6, 2006. Therefore, Defendants respectfully request that the Court grant a very brief extension of time, to and including March 6, 2006, in which to file a dispositive motion. 4. Defendants submit that, to the extent Plaintiff is prejudiced by any extension in the

deadline for dispositive motions, it is a product of his own failure to provide the medical releases ordered by the Court on December 6, 2005. WHEREFORE, Defendants respectfully request that the Court grant an extension of time, to and including Monday March 6, 2006, in which to file a dispositive motion.

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

Document 236

Filed 02/28/2006

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Respectfully submitted this 28th day of February, 2006.

s/ Steven J. Wienczkowski 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] ATTORNEYS FOR CMI, KIM DEMPEWOLF, MARYE DEMING AND JASON COOLIDGE

CERTIFICATE OF SERVICE I hereby certify that on the 28th day of February, 2006, a true and correct copy of the foregoing was filed via electronic filing, as well as 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 Billy-George Hertzke, Esq. SENTER , GOLDFARB & RICE , LLC 1700 Broadway, Suite 1700 Denver, Colorado 80290

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

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