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

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

Document 138

Filed 05/12/2006

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 DESIGNATE WITNESSES AND EXHIBITS 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 May 15, 2006 time within which they may designate witnesses and exhibits. As grounds for the relief requested, the Defendants state as follows: 1. Undersigned counsel has attempted to confer with Plaintiff's counsel concerning the Motion and the relief requested herein via telephone, but as of the filing of this Motion, has been unable to reach Plaintiff's counsel. 2. On May 2, 2006, the Court entered an Order as part of its Courtroom Minutes, requiring Defendants to list their exhibits and witnesses by May 12, 2006. 3. Despite diligent efforts by Defendants, Defendants have been only able to locate and deliver to their counsel some of the documents they believe support their defenses in this action, and such documents have only been located and delivered (via facsimile) after 2:30 p.m. on May 12, 2005. The files of Defendants relating to this action, which relate to events occurring many years

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

Document 138

Filed 05/12/2006

Page 2 of 3

ago, were in storage, and had been moved several times, resulting in the necessity for extenstive efforts to locate the files. 4. Meeting the current deadline for listing such the witnesses, and identification and listing of witnesses will be extraordinarily difficult under these circumstances. Further, such efforts will undoubtedly increase the risk of mistakes both of omission and over-inclusion. Extending the date for Defendants' submissions will permit a more orderly and complete presentation. 5. For the reasons set forth herein, Defendants assert that cause exists for extension of time for the Defendants to submit their exhibit and witness lists. Wherefore, the Defendants, by their undersigned counsel, move the Court for an Order extending to and including May 15, 2006, the time within which the Defendants may provide lists of their exhibits and witnesses. Dated: May 12, 2006 Respectfully submitted, THOMAS F. QUINN, P.C. s/ Thomas F. Quinn By: ______________________________________ Thomas F. Quinn THOMAS F. QUINN, P.C. 1600 Broadway Ste 1675 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

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

Document 138

Filed 05/12/2006

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 12th day of May, 2006: BALDWIN & CARPENTER Stacy A. Carpenter, Esq. [email protected] s/ Thomas F. Quinn __________________________________________

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