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

Case 1:01-cv-01857-RPM-MJW

Document 155

Filed 07/07/2006

Page 1 of 3

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO

Civil Action No. 01-cv-01857-RPM ATTORNEYS TITLE GUARANTY FUND, INC. as successor in interest and assignee of Joseph H. Fallon, IV Plaintiff, v. PROLAND MANAGEMENT, LLC; CRAIG NELSON; and TOM WARNES, Defendants.

MOTION FOR EXTENSION OF TIME TO BRIEF USURY ISSUE

Defendants Proland Management, LLC, Craig Nelson and Tom Warnes (the "Defendants") by their undersigned counsel, move the Court for an Order extending to and including July 10, 2006 time within which they may file a brief regarding the statutory usury issue, in compliance with the Court's Order dated June 15, 2006. As grounds for the relief requested, the Defendants state as follows: 1. Defendants' undersigned counsel has attempted to confer with Plaintiff's counsel regarding the relief requested in this Motion on July 6, 20006, but Plaintiff's counsel has not returned that telephone call as of the filing of this Motion. 2. On June 15, 2006, following a Trial Preparation Conference, the Court entered its an Order incorporated in Courtroom Minutes. The Order, inter alia, set July 6, 2006 as the date by which Defendants would file a brief setting forth their position respecting the application of the Colorado statutory interest rate to the loan at issue in this case. Due to a docketing error in Defendants' counsel's office, this response was calendared as due date on July 10, 2006, rather than on July 6, as set forth in the Courtroom Minutes.

1

Case 1:01-cv-01857-RPM-MJW

Document 155

Filed 07/07/2006

Page 2 of 3

3. Counsel discovered the docketing error on July 6, 2006, in the course of work on the required brief. 4. Notwithstanding discovery of the docketing error on July 6, 2006, Defendants' counsel was unable to meet the date for filing the brief, and will be unable to complete the brief before July 10, 2006. 5. The brief extension of time requested herein will not prejudice any party. Defendants consent, in advance, to a commensurate extension of time for Plaintiff to reply to Defendants' brief.. Wherefore, the Defendants, by their undersigned counsel, move the Court for an Order extending to and including July 10, 20006 the time within which the Defendants may provide input to and participate in the preparation of the . Dated: July 7, 2006 Respectfully submitted, THOMAS F. QUINN, P.C.

s/ Thomas F. Quinn By: ______________________________________ Thomas F. Quinn THOMAS F. QUINN, P.C. 1600 Broadway Ste 2350 Denver CO 80202 Telephone: 303.832.4355 Fax: 303.672.8281 Email: [email protected] Counsel for Defendants Craig Nelson Tom Warnes and Proland Management LLC

2

Case 1:01-cv-01857-RPM-MJW

Document 155

Filed 07/07/2006

Page 3 of 3

CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing pleading was served upon the following persons by electronic transmission through the ECF filing system on this 7th day of July, 2006: BALDWIN & CARPENTER Stacy A. Carpenter, Esq. [email protected] s/ Theresa Sheffer __________________________________________

3