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

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

Document 134

Filed 04/27/2006

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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 COMPLY WITH ORDER REGARDING PRETRIAL CONFERENCE

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 2, 2006 time within which they may comply with the requirements of this Court's Order dated March 15, 2006. As grounds for the relief requested, the Defendants state as follows: 1. Pursuant to D.C. Colo.L.CivR 7.1A, undersigned counsel has discussed this Motion, and the relief requested herein with counsel for Plaintiff. Counsel for Plaintiff stated that he was not authorized to consent to the relief requested herein without specific authority from Plaintiff, which he would solicit, but which he could not commit to provide. 2. On March 15, 2006, the Court entered its Order Setting Pretrial Conference. Under that Order, the parties (including Defendants) were directed to comply with the instructions for preparation and submission of a final pretrial order, in contemplation of a Pretrial Conference scheduled before the Court on May 2, 2006. 3. Differences have arisen among the Defendants regarding the management of this case. As of the filing of this Motion, the undersigned counsel has been unable to resolve these 1

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

Document 134

Filed 04/27/2006

Page 2 of 3

differences, and accordingly is unable to meaningfully participate in the preparation of a Pretrial Order. 4. Defendants have previously been able to reconcile any differences that may have existed among them, and undersigned counsel represents to the Court that he will exercise good faith diligence to reconcile the conflicting views of the Defendants so as to avoid any unnecessary delay in the prosecution of this case. Counsel hopes that this can be accomplished such that there will not be a need to reschedule the presently scheduled Pretrial Conference. 5. For the reasons set forth herein, Defendants assert that cause exists for extension of time for the Defendants to Although counsel has previously sought two extensions of time to respond to the Motion for Summary Judgment, the aggregate of the time sought in the prior motion and the time sought in this Motion is less than two weeks. Wherefore, the Defendants, by their undersigned counsel, move the Court for an Order extending to and including May 2, 2006, the time within which the Defendants may provide input to and participate in the preparation of the Pretrial Order. Dated: April 27, 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 134

Filed 04/27/2006

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 27th day of April, 2006: BALDWIN & CARPENTER Stacy A. Carpenter, Esq. [email protected] s/ Deanna J. Staab __________________________________________

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