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

Case 1:04-cv-00375-EWN-BNB

Document 193

Filed 01/09/2007

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No.: 04-cv-00375-EWN-BNB ANTHONY RAY MARTINEZ, Plaintiff, v. ESTHER SMITH, and C.P.O. SUSAN KELLER, Defendants.

MOTION FOR EXTENSION OF TIME TO FILE JOINT PRELIMINARY PRETRIAL ORDER Defendant Esther Smith, by and through her attorneys Faegre & Benson LLP, respectfully move for an extension of time of 30 days, up to and including February 8, 2007, to file the Joint Preliminary Pretrial Order. As ground therefore, Defendant states as follows: 1. Pursuant to D.C.COLO.LCivR 7.1, the undersigned counsel certifies that they

conferred with counsel for Defendant Keller and counsel does not oppose this motion, and in fact joins in this motion. Plaintiff Martinez is proceeding pro se in this matter and is currently incarcerated at San Carlos Correctional Facility. Thus, counsel for Defendant Keller was unable to confer with Plaintiff prior to the filing of this motion. 2. The time for the parties to file a Joint Preliminary Pretrial Order is January 9,

2007 pursuant to this Court's October 18, 2006 Order.

Case 1:04-cv-00375-EWN-BNB

Document 193

Filed 01/09/2007

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3.

A Settlement Conference is schedule in this case for January 11, 2007. Defendant

is confident that settlement will occur at this conference and therefore there will be no need to file the Joint Preliminary Pretrial Order, as this case will be dismissed. 4. 5. This is the first extension sought to file the Joint Preliminary Pretrial Order. The requested extension is not sought for any improper purpose or for purposes of

unreasonable delay. 6. 7. No prejudice will arise from this extension. Pursuant to D.C. Colo. L. Civ. R. 6.1, undersigned counsel certifies that a copy of

this motion has been served on Defendant Smith. WHEREFORE, Defendant requests that the Court enter an order extending the time for the parties to file the Joint Preliminary Pretrial Order for 30 day, up to and including February 8, 2007, if needed. Dated: January 9, 2007 Respectfully submitted, s/Patrick F. Carrigan _____________ Patrick F. Carrigan Laura A. Hutchings FAEGRE & BENSON LLP 1900 Fifteenth Street Boulder, CO 80302 Telephone: (303) 447-7700 Facsimile: (303) 447-7800 [email protected] [email protected] ATTORNEYS FOR DEFENDANT ESTHER SMITH

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Case 1:04-cv-00375-EWN-BNB

Document 193

Filed 01/09/2007

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CERTIFICATE OF SERVICE (CM/ECF) I hereby certify that on January 9, 2007, I filed and served the foregoing MOTION FOR EXTENSION OF TIME TO FILE JOINT PRELIMINARY PRETRIAL ORDER via with the Clerk of Court using the CM/ECF system, which will send notification of such filing to the following persons: Alisha M. Burris 1525 Sherman Street, 5th Floor Denver, CO 80203 and on the following via United State mail, postage prepaid: Anthony Ray Martinez Prisoner No. 114709 4-R San Carlos Correctional Facility P.O. Box 3 Pueblo, CO 81002 Esther Smith 1245 South Glencoe St. Denver, CO 80246

s/Patrick F. Carrigan _________________________________

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