Free Motion for Leave to File Excess Pages - District Court of Colorado - Colorado

Case 1:03-cv-00174-WDM-MJW

Document 286

Filed 08/12/2008

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 03-cv-00174-WDM-MJW OLOYEA D. WALLIN, Plaintiff, v. OFFICER MR. F. DYCUS, OFFICER MR. GILBERT, OFFICER MR. DOMENICO, NURSE MS. TRAUB, K.C.C.C. MS. BAIR, K.C.C.C. MS. J. FUCHS, K.C.C.C. MS. WEDERSKI, K.C.C.C. WARDEN MR. H. BRILL, C.D.O.C. LIASON MR. BOUJOURNAL, C.D.O.C. MR. E. GILLESPIE, CORRECTIONAL CORPORATIONS OF AMERICA (CCA), Mr. John Doe, and COLORADO DEPARTMENT OF CORRECTIONS (CDOC), Mr. Joe Ortiz, Defendants.

DEFENDANTS' UNOPPOSED MOTION TO EXCEED PAGE LIMITATION FOR DISPOSITIVE MOTION

Defendants Dycus, Gilbert, Domenico, and Traub, hereby submit this Motion to Exceed Page Limitation for Dispositive Motion, and as grounds therefore state as follows: 1. This Court's Practice Standards for Civil Actions establish a twenty (20) page limit

on motions for summary judgment. See WDM Pretrial and Trial Procedures 6.2. Defendants respectfully request leave of this Court to file the accompanying Defendants' Motion for to Dismiss or alternatively for Summary Judgment which is twenty-five (25) pages. 2. Defendants submit that an oversize Motion to Dismiss or alternatively for Summary

Judgment is necessary and fully justified in this matter for several different reasons. First, Plaintiff brings Claims for Relief against four separate Defendants, all of whom are entitled to move for summary judgment separately. Pursuant to this Court's practice standard for motions for summary

Case 1:03-cv-00174-WDM-MJW

Document 286

Filed 08/12/2008

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judgment, Defendants are required to set forth both the law and the facts applicable to each of Plaintiff's claims. In this instance, this required somewhat more briefing than might be considered typical in a motion for summary judgment since the Motion addresses claims against four Defendants. Second, Defendants' Motion frames the legal and factual issues to be decided by this Court in an appropriate fashion to allow this Court to digest the issues involved and to make an informed decision on the legal issues raised by Defendants in their motion. Defendants Motion to Dismiss or alternatively for Summary Judgment, if granted by this Court, would eliminate all claims against these four Defendants. Defendants respectfully suggest the length of Defendants' Motion is necessary to allow this Court to make an informed decision about the issues before this Court. Counsel for Defendants understands and appreciates the rationale for this Court's imposition of a page limitation for dispositive motions. However, in this instance, counsel for Defendants respectfully submits that an oversize motion, by five (5) pages is justified. 3. Pursuant to D.C.Colo.LCiv. R. 7.1(A), counsel for the Defendants is required to

confer with Plaintiff, who is proceeding pro se in this matter, prior to filing the instant Motion. Counsel for defendants contacted plaintiff who does not oppose this motion. WHEREFORE, for all of the foregoing reasons, Defendants Dycus, Gilbert, Domenico, and Traub respectfully request this Court grant them leave to file a motion to dismiss or alternatively for summary judgment in excess of twenty (20) pages and accept the contemporaneously filed Defendants' Motion to Dismiss or alternatively for Summary Judgment for filing with the Court, and all related proceedings, and for all other and further relief as this Court deems just and appropriate.

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Case 1:03-cv-00174-WDM-MJW

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Dated this 12th day of August 2008. Respectfully submitted,

s/Edmund M. Kennedy Jennifer L. Veiga Edmund M. Kennedy of HALL & EVANS, L.L.C. 1125 Seventeenth Street, Suite 600 Denver, Colorado 80202 (303) 628-3300 [email protected] [email protected] ATTORNEYS FOR DEFENDANTS DYCUS, GILBERT, DOMENICO, and TRAUB

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Case 1:03-cv-00174-WDM-MJW

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CERTIFICATE OF SERVICE (CM/ECF) I hereby certify that on this 12th day of August 2004, I have sent a true and correct copy of the foregoing DEFENDANTS' UNOPPOSED MOTION TO EXCEED PAGE LIMITATION FOR DISPOSITIVE MOTION via United States mail, postage prepaid, addressed to the following: Oloyea D. Wallin, #111389 Colorado Territorial Correctional Facility P.O. Box 1010 Canon City, Colorado 81215

s/Denise Y. Gutierrez, Secretary to Jennifer L. Veiga Edmund M. Kennedy of HALL & EVANS, L.L.C. 1125 Seventeenth Street, Suite 600 Denver, Colorado 80202 (303) 628-3300 [email protected] [email protected] ATTORNEYS FOR DEFENDANTS DYCUS, GILBERT, DOMENICO, and TRAUB

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