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

Case 1:01-cv-00318-REB-CBS

Document 123

Filed 08/17/2006

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UNITED STATES DISTRICT COURT DISTRICT OF COLORADO Honorable Robert Blackburn United States District Judge Honorable Craig B. Shaffer United States Magistrate Judge

Case No. 01-cv-00318-REB-CBS CITY OF CREEDE, a Colorado Municipal Corporation, Plaintiff, -vsDENVER & RIO GRANDE RAILWAY HISTORICAL FOUNDATION, a Colorado Not-For-Profit Corporation and DONALD H. SHANK, Defendants.

PLAINTIFF'S MOTION TO ENLARGE TIME TO RESPOND TO ORDER FOR FILING OF STATUS REPORT Local Rule 7.1 Compliance Because Defendants' former counsel (Raymond Micklewright) no longer represents the defendants, it has not been possible to consult with him regarding this Motion. A copy of this Motion is being forwarded to his former law firm, to the attention of name partner Bud Slatkin, as indicated in the Certificate of Service. Motion to Enlarge Time Plaintiff hereby moves that the time for response to the Court's July 18, 2006 Order for

Case 1:01-cv-00318-REB-CBS

Document 123

Filed 08/17/2006

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Submission of a Joint Status Report be enlarged by two weeks, to and including August 31, 2006. Grounds for this Motion are set forth below. Grounds for the Motion The undersigned has attempted to contact Creede's former mayor, B.J. Myers, to obtain instruction regarding this matter. Mayor Myers was designated by the City of Creede Trustees (the town government) to continue to provide liaison on this matter after the expiration of her term as mayor. I have not been able to reach former mayor Myers, who travels regularly. I spoke last Thursday, August 10, 2006 with former Creede Trustee (and retired Denver District Court Judge) Merle Knous, who advised that Ms. Myers is presently traveling outside the United States. I have placed a call for the present government of Creede but do not yet have instruction regarding Creede's wishes as to this matter. It would appear that the Surface Transportation Board decision in the matter referred by this Court has resolved all matters in this suit, but I am loathe to submit a document which will result in dismissal without consultation with the City of Creede's present government. My ability to obtain instruction from Creede has been hampered by my travel schedule this summer. Since the Court issued its July 18, 2006 Order I have only been in Telluride for a few days and have been on the road working on other matters. At present I am in Washington, D.C. where I am reviewing STB and court records relating to abandoned railroad right of way litigation in the U.S. Court of Federal Claims, in which I represent adjacent landowners to another abandoned Colorado rail line.

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Case 1:01-cv-00318-REB-CBS

Document 123

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Conclusion For the reasons set forth above, the undersigned respectfully moves that the time for response to the Court's July 18, 2006 Order be enlarged by two weeks. Respectfully submitted,

________________________s/ Geo. M. Allen _____________ George M. Allen Counsel for Plaintiff

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Case 1:01-cv-00318-REB-CBS

Document 123

Filed 08/17/2006

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CERTIFICATE OF SERVICE I hereby certify that I have, at Washington, D.C., this 17th day of August, 2006, served a true copy of the documents denominated below on the parties and/or counsel listed below by the means of service shown below: Documents Served PLAINTIFF'S MOTION TO ENLARGE TIME TO RESPOND TO ORDER FOR FILING OF STATUS REPORT Means of Service ( ) ( x) ( x) ( ) ( ) facsimile Email to Messrs. Slatkin and Barnhart U.S. Mail, Postage Prepaid (to Mr. Micklewright) Overnight Courier Hand Delivery

Counsel Served Bud Slatkin, Esq. WOLF & SLATKIN 44 Cook Street, Suite 1000 Denver CO 80206-5827 Telephone: 303-355-2999 Facsimile: 303-329-6826 Email: [email protected] W. Randolph Barnhart, Esq. HILLYARD & BARNHART 7887 East Belleview Ave., Ste. 1200 Englewood CO 80111 Telephone: 303-793-0700 Facsimile: 303-793-1950 Email: : [email protected] s/Geo. M. Allen ___________________________________________ George M. Allen c:\creede\2006-08-17.mtn