Free Motion for Extension of Time to File Response/Reply - District Court of Colorado - Colorado

Case 1:01-cv-02324-JLK-MEH

Document 75

Filed 07/25/2005

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 01-cv-2324 JLK-MJW CHARLES T. GREEN, PHILLIP R. WENTLAND and MARILYN BREITHAUPT, Plaintiffs, vs. SEARS, ROEBUCK and CO., a New York corporation, Defendant. UNOPPOSED MOTION FOR TWO-WEEK EXTENSION OF TIME TO REPLY TO PLAINTIFFS' RESPONSE TO SEARS' MOTION FOR SUMMARY JUDGMENT Defendant Sears, Roebuck and Co., respectfully submits the following Unopposed Motion for Two-Week Extension of Time to Reply to Plaintiffs' Response to Sears' Motion for Summary Judgment, up to and including August 29, 2005, and states as follows: 1. Defendant's reply to Brief In Support of Plaintiffs' Response to Defendant's

Motion for Summary Judgment is currently due on August 15, 2005. 2. Counsel for Defendant, Daniel Friesen and Thomas Leland, will be out of the

office on previously planned vacations during the period just prior to the date that Defendant's reply is due. 3. Pursuant to D.C.Colo.LCivR.7.1.A., counsel for Defendant has conferred with

Plaintiffs' counsel about this Motion. Counsel for Plaintiffs does not object to a two-week extension of time.

Case 1:01-cv-02324-JLK-MEH

Document 75

Filed 07/25/2005

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4.

Defendant has requested and received an extension of time on three previous

occasions: to file simultaneous cross motions for summary judgment in this matter; forty day extension of time to respond to Plaintiffs' third set of discovery; and, an unopposed motion for extension of time to submit rebuttal expert designations and extend the discovery cutoff. 5. The granting of this motion will not prejudice the Plaintiffs because there is no

trial date set in this matter. WHEREFORE, Sears, Roebuck and Co. respectfully moves the Court to grant Defendant's Unopposed Motion for Two-Week Extension of Time to Reply to Plaintiffs' Response to Sears' Motion for Summary Judgment, up to and including August 29, 2005. Dated: July 25, 2005. HALE FRIESEN, LLC

By s/Thomas D. Leland Daniel E. Friesen Thomas D. Leland Shannon M. Henderson Suite 300 1430 Wynkoop Street Denver, CO 80202 Telephone: (720) 904-6000 Facsimile: (720) 904-6006 Email: [email protected] Attorneys for Defendant Sears, Roebuck and Co.

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Case 1:01-cv-02324-JLK-MEH

Document 75

Filed 07/25/2005

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CERTIFICATE OF SERVICE I hereby certify that on July 25, 2005, I electronically filed the foregoing with the Clerk of Court using the CM/ECF system which will send notification of such filing to the following e-mail address: Margaret S. Funk [email protected]

s/Thomas D. Leland Attorney for Defendant HALE FRIESEN, LLP 1430 Wynkoop Street, Suite 300 Denver, CO 80202 Telephone: (720) 904-6000 Facsimile: (720) 904-6006 E-mail: [email protected]

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