Free Motion for Leave - District Court of Colorado - Colorado

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

Document 144

Filed 11/07/2006

Page 1 of 2

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, Defendant. _____________________________________________________________________________ PLAINTIFF'S MOTION FOR LEAVE TO FILE RESPONSE BRIEF RE: DEFENDANT'S BRIEF CONCERNING ATTORNEY FEES & COSTS ______________________________________________________________________________

Comes Now Plaintiff's Attorney Teresa Zoltanski, who hereby requests Leave of Court to file a Response to Defendant's Brief Concerning Attorneys Fees & Costs, and as grounds therefore states as follows: 1. Plaintiff's counsel just received Defendant's Motion, requesting leave to file a Response to Plaintiff's Brief re: Attorney Fees. 2. Upon receipt of that Motion, the undersigned e-mailed Defendant's counsel to determine if Defendant had any objection to Plaintiff also filing a Response Brief to Defendant's Brief re: Attorney Fees. Defendant's counsel responded that he did object, however he also said he would not object if the Response was limited to issues that were not previously raised. He also indicated that a Response to his latest Motion could be filed after Trish Bangert returned from Europe, next week. 3. Plaintiff's counsel Trish Bangert left for Europe on November 3, 2006, and will not have the opportunity to review Defendant's latest Motion or Defendant's Brief Concerning

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

Document 144

Filed 11/07/2006

Page 2 of 2

Attorney Fees & Costs until she returns next week. Thus, Plaintiff requests the opportunity to file a Response to that Brief, including new issues or arguments that were not previously raised by Defendant, on or before November 22, 2006. 4. If Defendant is allowed to file a Response to Plaintiff's Brief re: Attorney Fees, then Plaintiff should also be given an opportunity to file a Response to Defendant's Brief re: Attorney Fees. 5. No party will be prejudiced and justice will be served.

Wherefore, Plaintiff requests leave to file a Response to Defendant's Brief concerning Attorney Fees and Costs, to be filed on or before November 22, 2006. Respectfully submitted this 7th day of November, 2006.

s/Teresa Zoltanski ____________________________________ Teresa Zoltanski 1580 Logan, #310 Denver, CO 80203 Phone: 303-832-5661 Fax: 303-832-5465 [email protected]

CERTIFICATE OF SERVICE I hereby certify that on November 7, 2006, I electronically filed the foregoing using the CM/ECF system, which sends notification to the following attorney=s via their e-mail: Frank Nachman Patricia Bangert s/ Teresa Zoltanski ____________________________________ Teresa Zoltanski