Free Motion for Reconsideration - District Court of Colorado - Colorado

Case 1:03-cv-02506-MSK-CBS

Document 59-2

Filed 11/23/2005

Page 1 of 4

Exhibit "A"

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Case 1:03-cv-02506-MSK-CBS

Document 59-2

Filed 11/23/2005

Page 2 of 4

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO
Civil Action No. 03-cv-02506-MSK-CBS CRAIG MAGRAFF,

Plaintiff, v.
LOWES HIW, INC,

Defendant.

AFFIDAVIT OF LEE JUDD

STATE OF COLORADO COUNTY OF ARAPAHOE

)

)ss.
) I, Lee Judd, being of lawful age and being first duly sworn upon oath state and allege: 1. I am an attorney duly licensed to practice law in the State of Colorado and before the

United States District Court for the District of Colorado. 2. I was primarily responsible for the above captioned case and was responsible for filing

the Notice of Appeal in this case. 3. I intended to file the appeal on October 19,2005, irrespective of any docketing dates

contained in my calendar. In this case it was my plan and intention to file the notice of appeal prior to the deadline I believe applied to this action. The date on which I intended to file was driven by certain other work in the office, and deadlines associated with other matters in the

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Case 1:03-cv-02506-MSK-CBS

Document 59-2

Filed 11/23/2005

Page 3 of 4

office. In this case,the date selectedwas driven by briefs which I was working on in two (2) other cases. 4. However, on the evening of October 18,2005, I became unexpectedly and severely ill

with the flu. As a result, I was physically unable to go into the offic~ on October 19, 2005, and was taking over the counter medications, as directed, for the symptoms of the flu. The severe flu symptoms, which included vomiting, headache,fever and chills, and the medications severely impacted my ability to comprehend and focus on any issues. I was so severely ill that it was physically impossible for me to have dealt with any work related issues. 5. Accordingly, I was unable to focus or otherwise recognize any issues that were occurring

within the office, including any deadlines or pleadings which were intended to be filed in any case. Had the appeal been docketed as absolutely due on October 19,2005, I would not, as a result of my medical condition, recognized or have been able to act on the deadline. 6. My illness was not anticipated, and was out of my control. Further, my illness rendered

me unable to consider or otherwise act, as I could not focus, concentrate or recognize my duties and obligations on that day. Particularly, the illness, in conjunction with the over the counter medications taken as directed, and the side effects associatedwith said medications, impacted my cognitive functions and my ability to carry on any activity. 7. Ms. Maria Lighthall, an attorney in the office who had from time to time, been given

assignmentsrelative to this case,was not in the office on October 19,2005 during normal business hours, but rather was out in a deposition all day. Further, Ms. Lighthall had absolutely no responsibility for filing the notice of appeal or any activity in relation to the filing of the notice of appeal.

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Case 1:03-cv-02506-MSK-CBS

Document 59-2

Filed 11/23/2005

Page 4 of 4

FURTHER AFFIANT SAYETH NOT. .'

Lee Judd Subscribed swornto beforeme this 23rddayof November,2005 by Lee Judd. and Witnessmy handand official seal. My commission expires: ~ ~ / if J c1tJOfo. .

(SEAL)

'-1<, Jl.lfJIA) J N~t'1;;P~bi~ ~'-"-' .J(/U,-U-.-J ---

My Comm. Expires--.

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