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

Case 1:02-cv-02220-PSF-PAC

Document 152

Filed 11/30/2006

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Case No. 02-cv-2220-PSF-PAC KAREN LEVELLE, as personal representative for the Estate of Ray LeVelle, Plaintiff, v. PENSKE LOGISTICS, a subsidiary of PENSKE TRUCK LEASING, Defendant. UNOPPOSED MOTION FOR ONE-DAY EXTENSION OF TIME TO FILE STIPULATION FOR DISMISSAL

Defendant Penske Logistics, by and through its attorneys, Littler Mendelson, P.C. by Franklin A. Nachman, moves this Honorable Court for a one-day extension of time, through and including December 1, 2006, to file the Stipulation for Dismissal in this case. In support of this Motion, Defendant states as follows: 1. The parties to this action, by and through their respective counsel, reached a

settlement on the remaining issues in this case on November 17, 2006. In accordance with the parties' settlement agreement and the Order of this Court, they were to file a Stipulation for Dismissal on or before November 30, 2006. 2. Defendant requests an extension of one day, through and including December 1,

2006, to file the Stipulation for Dismissal. The one-day extension has been necessitated by a delay in receipt of the settlement check, occasioned by the Thanksgiving holiday, and some

Case 1:02-cv-02220-PSF-PAC

Document 152

Filed 11/30/2006

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questions in Defendant's Payroll Department regarding the preparation of the check. Undersigned counsel was informed on November 30, 2006, that the settlement check was available for pickup on that date at the Penske headquarters in Reading, Pennsylvania, and that the check would be sent by overnight delivery, to be received by counsel on December 1, 2006. 3. In accordance with Local Rule 7.1 of this court, on November 30, 2006,

undersigned counsel spoke with Patricia Bangert, Plaintiff's lead counsel, regarding this motion. Ms. Bangert stated she would not object to this motion. WHEREFORE, Defendant Penske moves this Honorable Court for an extension of time through and including December 1, 2006, to file the Stipulation for Dismissal of this action. Dated this 30th day of November, 2006 Respectfully submitted,

s/ Franklin A. Nachman Franklin A. Nachman LITTLER MENDELSON A Professional Corporation 1200 17th Street, Suite 1000 Denver, CO 80202.5835 Telephone: 303.629.6200 ATTORNEYS FOR DEFENDANT PENSKE LOGISTICS, A SUBSIDIARY OF PENSKE TRUCK LEASING

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Case 1:02-cv-02220-PSF-PAC

Document 152

Filed 11/30/2006

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CERTIFICATE OF SERVICE I hereby certify that on this 30th day of November, 2006, a true and correct copy of the foregoing UNOPPOSED MOTION FOR ONE-DAY EXTENSION OF TIME TO FILE STIPULATION FOR DISMISSAL was electronically filed and served via the CM/ECF system which will send notification of such filing to the following. The duly signed original is on file at the office of Littler Mendelson, P.C.: Patricia S. Bangert, Esq. Attorney at Law, LLC 3773 Cherry Creek Drive No., Suite 575 Denver, CO 80209 and e-mailed to: Tracy L. Schrey, Esq. Employment Counsel Penske Truck Leasing Co. RT 10 Green Hills P.O. Box 563 Reading, PA 19603 Teresa Zoltanski 709 Clarkson Denver, CO 80218

s/ Gale S. Antczak
Firmwide:81735354.1 025981.1020

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