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

Case 1:04-cv-00860-WDM-PAC

Document 213

Filed 06/23/2005

Page 1 of 3

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 04-WM-860 (PAC) ROBERT ALWARD Plaintiff, v. VAIL RESORTS, INC., a Colorado corporation; VAIL CORPORATION, INC. D/B/A/ VAIL ASSOCIATES INC., a Colorado corporation; VR HOLDINGS, INC., a Colorado corporation; and WILLIAM JENSEN, individually and in his official capacity as Senior Vice President and Chief Operating Officer of Vail Resorts, Inc. Defendants. ________________________________________________________________________ PLAINTIFF'S MOTION FOR A 6-DAY EXTENSION OF TIME TO REPLY TO DEFENDANTS' RESPONSE TO PLAINTIFF'S APPEAL AND OBJECTIONS TO THE APRIL 15, 2005 ORDER, AND TO REPLY TO DEFENDANTS' RESPONSE TO PLAINTIFF'S MOTION FOR PROTECTIVE ORDER ________________________________________________________________________ Plaintiff Robert Alward, by and through his attorney Nina H. Kazazian of McClain Drexler, LLC, and pursuant to Fed.R.Civ.P. 6 and D.C.COLO.LCivR. 6.1(B) hereby moves the court for a 6-day extension of time to reply to Defendants' Response to Plaintiff's Appeal and Objections to the April 15, 2005 Order of U.S. Magistrate Judge, as well as to reply to Defendants' Response to Plaintiff's Motion for Protective Order. In support of this motion, Plaintiff states: 1. In compliance with D.C.COLO.LCivR 7.1(A), Plaintiff's counsel contacted counsel for Defendants regarding the subject matter of this motion by telephone to confer regarding this motion. Counsel for Defendants did not respond. 2. Defendants' Response to Plaintiff's Appeal and Objections to the April 15, 2005 Order of U.S. Magistrate Judge was filed on June 6, 2005, and served on the Plaintiff by mail.

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Case 1:04-cv-00860-WDM-PAC

Document 213

Filed 06/23/2005

Page 2 of 3

3. Pursuant to D.C.COLO.LCivR 7.1(C), and Fed.R.Civ.P. 6(b), Plaintiff's Reply to Defendants' Response is due on June 24, 2005. 4. Defendants' Response to Plaintiff's Motion for Protective Order was filed on June 7, 2005 and served on the Plaintiff by mail. 5. Pursuant to D.C.COLO.LCivR 7.1(C), and Fed.R.Civ.P. 6(b), Plaintiff's Reply to Defendants' Response is due on June 27, 2005. 6. As set forth in Plaintiff's Motion for Extension of Time filed June 16, 2005, plaintiff's counsel is currently in New York City for a jury trial in another matter in the Southern District before Judge Preska. Due to that trial schedule, plaintiff's counsel does not expect to return to Denver until July 2, 2005. Plaintiff's counsel is the sole attorney on both the matter in trial in the Southern District, and the instant matter. Plaintiff submits that these facts constitute good cause for the requested short extensions of time. 7. Accordingly, Plaintiff requests a six-day extension of time, or through and including July 5, 2005, in which to file his Reply to the Rule 72 Objections. 8. Similarly, Plaintiff also requests a six-day extension of time, or through and including July 6, 2005, in which to file his Reply to the Motion for Protective Order. 9. Plaintiff has not requested any previous extensions of time to reply to either of these motions, and does not anticipate that the requested extensions will require any additional changes in the court's calendar for this case. 10. As indicated on the attached certificate of service, a copy of this Motion has been served on the Plaintiff.

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Case 1:04-cv-00860-WDM-PAC

Document 213

Filed 06/23/2005

Page 3 of 3

WHEREFORE, for the foregoing reasons, Plaintiff respectfully requests this Court grant him a six-day extension of time to reply to the Rule 72 Objections (through July 5, 2005) and to the motion for protective order (through July 6, 2005). Dated this 23rd day of June 2005. Respectfully submitted, McCLAIN DREXLER, LLC

By : Nina H. Kazazian Of Counsel 1700 Lincoln Street Suite 3850 Denver, Colorado 80203-4538 Telephone: (303) 860-8400 Attorneys for Plaintiff CERTIFICATE OF SERVICE I hereby certify that on this 23rd day of June 2005, a true and correct copy of the foregoing PLAINTIFF'S MOTION FOR A 6-DAY EXTENSION OF TIME TO REPLY TO DEFENDANTS' RESPONSE TO PLAINTIFF'S APPEAL AND OBJECTIONS TO THE APRIL 15, 2005 ORDER, AND TO REPLY TO DEFENDANTS' RESPONSE TO PLAINTIFF'S MOTION FOR PROTECTIVE ORDER was served on the Defendants by ECF and on the Plaintiff by depositing same in the U.S. Mail, first-class postage prepaid, addressed to the following: Sherri Heckel Kuhlmann Holme Roberts & Owen LLP 1700 Lincoln Street, Suite 4100 Denver, CO 80203 Robert Alward 830 rue Des Chartres St. Nicholas, QC G7A 3Z6 Canada

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