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

Case 1:04-cv-00148-MSK-PAC

Document 107

Filed 08/28/2006

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 04-cv-00148-MSK-PAC BARBARA A. FREEMAN Plaintiff, v. C/O DINET, officer in Unit 6 D Pod, and ASSOCIATE WARDEN NOBEL WALLACE, DWCF, Defendants.

AGREED MOTION TO EXTEND DATE TO SUBMIT DISMISSAL PAPERS Plaintiff Barbara A. Freeman ("Plaintiff" or "Ms. Freeman"), through undersigned counsel, with the agreement of Defendants, hereby moves the Court to extend the date to submit dismissal papers by 30 days, and in support states as follows: CERTIFICATE OF COMPLIANCE WITH COLO.L.R. 7.1 Undersigned counsel certifies his office conferred with counsel for Defendants and is authorized to represent that Defendants agree with the relief requested in this Motion. 1. At the settlement conference held on August 15, 2006 the parties reached

settlement in this matter. 2. On August 18, 2006 the Court enter an Minute Order stating that final dismissal

papers must be filed before August 29, 2006. 3. Counsel for Ms. Freeman received the proposed settlement agreement from

counsel for Defendants on August 24, 2006. Due to the constraints on undersigned counsel's

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Case 1:04-cv-00148-MSK-PAC

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Filed 08/28/2006

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ability to contact Ms. Freemen, it is difficult to coordinate times to meet and discuss the settlement documents. 4. Additionally, counsel for Defendants the State of Colorado and Colorado

Department of Corrections indicates that it will take additional time to have her clients' approve and sign the settlement agreement and then the parties will have to allow the proceeds to be forwarded no later than 20 business days following their approval. 5. Ms. Freeman does not want to dismiss this case until the entire settlement process

is finalized, including receipt of settlement proceeds. 6. case. WHEREFORE, Plaintiff respectfully requests that the deadline to file dismissal papers in this matter be extended for an additional 30 days or until September 28, 2006. Dated this 28th day of August, 2006. Respectfully submitted, s/ Leonard H. MacPhee Leonard H. MacPhee Attorney for Plaintiff PERKINS COIE LLP 1899 Wynkoop Street, Suite 700 Denver, Colorado 80202 Telephone: (303) 291-2300 Facsimile: (303) 291-2400 Email: [email protected] This extension is not requested to delay and will not prejudice any one in this

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Case 1:04-cv-00148-MSK-PAC

Document 107

Filed 08/28/2006

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CERTIFICATE OF SERVICE
I hereby certify that on this 28th day of August, 2006, I electronically filed the foregoing with the Clerk of the Court using the CM/ECF system, which will send notification of such filing to the following e-mail addresses: Kristine Kay Hayter Attorney for Defendants Email: [email protected] Paul S. Sanzo Colorado Attorney General's Office Email: [email protected] and hereby certify that I have mailed the foregoing to the following non EM/ECF participant via U.S. Mail, postage prepaid: Barbara A. Freeman #105776 Denver Women's Correctional Facility PO Box 392005 Denver, CO 80239 s/ Leonard H. MacPhee Leonard H. MacPhee Attorney for Plaintiff PERKINS COIE LLP 1899 Wynkoop Street, Suite 700 Denver, Colorado 80202 Telephone: (303) 291-2300 Facsimile: (303) 291-2400 Email: [email protected]

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