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

Case 1:01-cv-00339-JLK

Document 38

Filed 04/12/2006

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 01-cv-00339-JLK QWEST WIRELESS, L.L.C., a Colorado limited liability company, Plaintiff, v. COLORADO TRANSPORTATION COMMISSION; JOSEPH BLAKE, JOSEPH JEHN, ROGER CRACRAFT, JOANN GROFF, CHARLES ARCHIBEQUE, WILLIAM R. HAIGHT, DOUG ADEN, CASTELAR GARCIA, DAN STUART, JOSEPH FORTINO, and DONALD G. MORRISON, each in their official capacities as commissioners of the Colorado Transportation Commission; and TOM NORTON, in his official capacity as Executive Director of the Colorado Department of Transportation, Defendants. UNOPPOSED MOTION FOR EXTENSION OF TIME TO SUBMIT JOINT STATUS REPORT Plaintiff Qwest Wireless, L.L.C. ("Plaintiff"), by and through its attorneys, hereby moves for an extension of time of ten (10) calendar days, through and including April 27, 2006, to submit a joint status report in this case, and as grounds therefore state as follows. CERTIFICATE OF COMPLIANCE WITH D.C.COLO.LCivR 7.1(A) Pursuant to D.C.COLO.LCivR 7.1(A), undersigned counsel for Plaintiff communicated with Harry S. Morrow, counsel for all Defendants in this action, on April 11, 2006, regarding the relief requested herein. Mr. Morrow authorized undersigned counsel to state that he is in

Case 1:01-cv-00339-JLK

Document 38

Filed 04/12/2006

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agreement with this motion for extension of time as he is involved in a previously scheduled and prolonged hearing that prevents effective consultation with all his clients before the current due date for the status report. MOTION 1. On April 7, 2006, the Court issued an Order requesting the parties to submit a

Joint Status Report on or before April 17, 2006, reporting on the status of the case and addressing whether limited additional briefing is warranted regarding Plaintiff's motion for summary judgment and Defendants' cross-motion for partial summary judgment. 2. With the passage of time since this case was last active, counsel for Plaintiff

requires additional time to locate and consult with appropriate people involved in the case. Additional time is also required to be able to confer with counsel for Defendants in order to prepare a meaningful joint status report. 3. Plaintiff therefore requests additional time to jointly prepare the status report

requested by the Court. 4. 5. Plaintiff has not previously obtained an extension of time in this case. Pursuant to D.C.COLO.LCivR 6.1(D), a copy of this motion for extension of

time is being concurrently served on moving counsel's client and counsel for Defendants; see attached Certificate of Service. WHEREFORE, Plaintiff respectfully requests that the Court to grant a ten (10) day extension of time, through and including April 27, 2006, for the parties to submit a Joint Status Report. A proposed order is submitted as an electronic attachment to this motion.

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Case 1:01-cv-00339-JLK

Document 38

Filed 04/12/2006

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Respectfully submitted this 12th day of April, 2006. s/ Tucker K. Trautman Tucker K. Trautman Gregory S. Tamkin Scott P. Sinor DORSEY & WHITNEY LLP 370 Seventeenth Street, Suite 4700 Denver, CO 80202-5647 Telephone: (303) 629-3400 Facsimile: (303) 629-3450 Email: [email protected] [email protected] [email protected] ATTORNEYS FOR PLAINTIFF QWEST WIRELESS, L.L.C. CERTIFICATE OF SERVICE (CM/ECF) I hereby certify that on April 12, 2006, I caused the foregoing document, titled UNOPPOSED MOTION FOR EXTENSION OF TIME TO SUBMIT JOINT STATUS REPORT, to be electronically filed with the Clerk of Court using the CM/ECF system which will send notification of such filing to the email addresses listed below. [email protected] [Harry S. Morrow] and I hereby certify that on April 12, 2006, I caused the foregoing document, titled UNOPPOSED MOTION FOR EXTENSION OF TIME TO SUBMIT JOINT STATUS REPORT, to be mailed, postage prepaid, to the following non CM/ECF participant: Thomas Snyder Qwest Wireless, L.L.C. Qwest Corporation 1801 California Street, Suite 5100 Denver, CO 80202 s/ Tucker K. Trautman Tucker K. Trautman Attorneys for Plaintiff DORSEY & WHITNEY LLP 370 Seventeenth Street, Suite 4700 Denver, CO 80202-5647 Telephone:(303) 629-3400 Facsimile: (303) 629-3450 Email: [email protected] 3