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

Case 1:00-cv-00731-PSF-MEH

Document 298

Filed 08/29/2006

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No.: 00 B 731 (OES) INFANT SWIMMING RESEARCH, INC., a Florida Corporation, Plaintiffs, v. ANN SHIDLER, individually and d/b/a Infant Aquatic Survival, JUDY HEUMANN, individually and d/b/a Infant Aquatic Survival, ALISON GEERDES, individually and d/b/a Infant Aquatic Survival. Defendants. JOINT MOTION FOR ENLARGEMENT OF TIME TO FILE PARTIES' RESPECTIVE POST-JUDGMENT MOTIONS FOR AWARD OF ATTORNEYS' FEES AND COSTS COMES NOW Plaintiff Infant Swimming Research, Inc., by and through its undersigned counsel, and Defendant Alison Geerdes, by and through her undersigned counsel, and submits this Joint Motion for Enlargement of Time to File Parties' Respective Post-Judgment Motions for Award of Attorneys' Fees and Costs. In support of such Motion, Plaintiff and Defendant Geerdes state as follows: 1. On April 27, 2004, following a six-day jury trial, this Court issued a Global

Order on all remaining post-trial motions that, among other things, awarded fees of $35,921.04 and costs of $3,870.83 in favor of Plaintiff and against Defendants Shidler and Defendant Heumann, and awarded fees of $48,148.83 in favor of Defendant Geerdes and against Plaintiff (the "Global Order").

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2.

On May 26, 2004, Plaintiff filed its Notice of Appeal with the Tenth Circuit

Court of Appeals, appealing this Court's award of attorneys' fees to Plaintiff, and this Court's award of attorneys' fees to Defendant Geerdes. 3. Following briefing and oral argument before the Tenth Circuit Court of

Appeals, the Tenth Circuit issued its Order and Judgment on August 15, 2006. See Order and Judgment attached hereto as Exhibit 1. 4. Based on the Tenth Circuit's Order and Judgment, both Plaintiff and

Defendant Geerdes intend to file motions with this Court for an award of additional postjudgment attorneys' fees and costs pursuant to Fed. R. Civ. P. 54(d). 5. In addition, issues related to certain other fees and costs have been remanded

to this Court for further proceedings. Now that the Tenth Circuit has resolved all substantive issues between the parties, both Plaintiff and Defendant Geerdes intend to file papers regarding the remaining outstanding issues related to attorney's fees and costs. All parties believe that all remaining issues regarding attorney's fees and costs should be resolved in one comprehensive proceeding before this Court. 6. Fed. R. Civ. P. 54(d) expressly provides that, unless the court orders

otherwise, post-judgment motions for attorneys' fees and costs must be filed no later than fourteen (14) days after entry of judgment. Accordingly, such motions are due to this Court on or before Tuesday, August 28, 2006. 7. The parties jointly request an enlargement of time to file their respective

motions for post-judgment attorneys' fees and costs for two reasons. First, counsel for the

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parties desire to attempt to settle this matter without further court intervention. Given the various parties, the various claims, and the complex nature of the attorneys' fees and costs issues that remain pending before this Court, the parties need additional time to attempt to negotiate a settlement. Second, in the event settlement is not possible, the parties need additional time to draft succinct and cogent papers regarding the complex nature of the attorneys' fees and costs issues that remain before the Court. 8. proceedings. WHEREFORE, Plaintiff and Defendant Geerdes jointly request an extension of time of thirty (30) days, up to and including September 28, 2006, to file their respective motions with this Court regarding attorneys' fees and costs. This extension will not prejudice the parties nor unduly delay these

Respectfully submitted this 29th day of August, 2006. s/Douglas Jaffe Douglas Jaffe 402 West Broadway, 4th Floor San Diego, CA 92101 (619) 595-4682 Street ATTORNEY FOR PLAINTIFF INFANT SWIMMING RESEARCH, INC. s/Christy L. Anderson Mark W. Fischer Christy L. Anderson FAEGRE & BENSON LLP 1900 Fifteenth Street Boulder, CO 80302-5414 (303) 447-7700 ATTORNEYS FOR DEFENDANT ALISON GEERDES

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CERTIFICATE OF SERVICE I hereby certify that on this 29th day of August, 2006, a true and correct copy of the foregoing JOINT MOTION FOR ENLARGEMENT OF TIME TO FILE PARTIES' RESPECTIVE MOTIONS FOR AWARD OF POST-JUDGMENT ATTORNEYS' FEES AND COSTS was served on the following by depositing same in the United States Mail, first class postage prepaid, addressed as follows: Ms. Ann Shidler 8101 East Dartmouth Avenue, #20 Denver, CO 80231 s/ Christy L. Anderson ___________________________________ Christy L. Anderson

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