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

Case 1:04-cv-01225-MSK-BNB

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Filed 11/14/2005

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Honorable Marcia S. Krieger Case No. 04-cv-1225-MSK-BNB (Consolidated with 04-cv-1226-MSK-BNB)

MALIK M. HASAN, M.D., an individual; and SEEME G. HASAN, an individual, Plaintiffs, v. GOLDMAN SACHS 1998 EXCHANGE PLACE FUND, L.P., a Delaware limited partnership; GOLDMAN SACHS 1999 EXCHANGE PLACE FUND, L.P., a Delaware limited partnership; GOLDMAN SACHS MANAGEMENT PARTNERS, L.P., a Delaware limited partnership; GOLDMAN SACHS MANAGEMENT, INC., a Delaware corporation; THE GOLDMAN SACHS GROUP, INC., a Delaware corporation; GOLDMAN, SACHS & CO., a New York limited partnership; JOHN DOES 1-100, individual persons whose true identities are unknown; and LENDER PARTIES 1-100, business entities whose true identities are unknown, Defendants. T EN ME D F N A T ' T O F R H A D E E D N S MO I N O ONE-DAY EXTENSION OF TIME TO SUBMIT DEPOSITION DESIGNATIONS

The Named Defendants respectfully move the Court for a one-day extension of time, to and including Tuesday, November 15, 2005, for the parties to complete their submission of their deposition designations for the trial on arbitrability held November 9-10, 2005. The Named Defendants certify that on November 14, 2005, pursuant to

D.C.COLO.LCivR 7.1(A), their counsel discussed this Motion and the relief requested with counsel for the plaintiffs, who does not oppose the relief sought and authorizes defendants to so advise the Court.

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As grounds for the relief requested, the Named Defendants state: 1. On November 10, 2005, the Court reviewed with the parties certain proposed

deposition designations and ordered the parties to provide revised designations, consistent with t C ut d et n,y h ors i cosb November 14, 2005. e ' r i 2. The Named Defendants submitted on November 14 t pre'dpsi h ai e ts eoio tn

designations for the depositions of Gordon Binder, Morris Sandler, Lorraine Tozzo and Raymond DeLuca, including color-coded transcripts. 3. The Named Defendants need one additional day to finalize ad um th pre' n sb it a i e ts

deposition designations for the depositions of Thomas Graziano, Michael Economos, Robert Mueller and Kathleen Eskola. The parties have exchanged designations, but counsel have been unable to complete the coloring of the transcriptsa r u e b t C ut R l , y h c s ,se i d y h ors u sb t l e qr e ' e e o of regular court hours on November 14. 4. The Undersigned advises the Court that he worked on this project during the

weekend from the State of Michigan, where he was attending to family matters. The family function had been scheduled for several months. It was set when the trial on arbitrability was scheduled for September 19-20. The Undersigned returned to Denver today. These family obligations and associated travel complicated finalization of the designations and color-coded transcripts. 5. A proposed form of order granting the relief requested herein is attached for

review, consideration and entry by the Court.

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DATED: November 14, 2005

Respectfully submitted,

s/ Bruce Featherstone Bruce A. Featherstone Matthew D. Collins FEATHERSTONE DESISTO LLP 600 17th Street, Suite 2400 Denver, Colorado 80202 Telephone: (303) 626-7100 Facsimile: (303) 626-7101 E-mail: [email protected] Max Gitter Nancy I. Ruskin CLEARY GOTTLIEB STEEN & HAMILTON LLP One Liberty Plaza New York, New York 10006 Telephone: (212) 225-2000 E-mail: [email protected] ATTORNEYS FOR THE NAMED DEFENDANTS

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CERTIFICATE OF MAILING I hereby certify that on November 14, 2005, I electronically filed the foregoing THE NAMED D F N A T ' T O F RONE-DAY EXTENSION OF TIME TO SUBMIT E E D N S MO I N O DEPOSITION DESIGNATIONS, with the Clerk of Court using the CM/ECF system, which will send notification of such filing to the following e-mail addresses: Glenn W. Merrick SENN VISCIANO KIRSCHENBAUM MERRICK P.C. [email protected]

s/ Bruce Featherstone Bruce A. Featherstone FEATHERSTONE DESISTO LLP 600 17th Street, Suite 2400 Denver, Colorado 80202 Telephone: (303) 626-7100 Facsimile: (303) 626-7101 E-mail: [email protected] ATTORNEYS FOR THE NAMED DEFENDANTS