Free Uncategorized - District Court of Colorado - Colorado

Case 1:04-cv-01881-WYD-BNB

Document 535

Filed 07/27/2007

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 04-cv-1881-WYD-BNB CHARLES M. KOVACS, CHRISTINE H. BUKALA, DANNY M. TRAMMELL, ROBERT C. McGRATH, and JOSEPH J. RAGUSA, Plaintiffs; v. THE HERSHEY COMPANY, formerly known as HERSHEY FOODS CORPORATION, a Delaware corporation, Defendant. DEFENDANT'S UNOPPOSED MOTION FOR ENLARGEMENT OF TIME FOR SUBMISSION OF REPLY BRIEFS IN SUPPORT OF MOTIONS IN LIMINE Defendant, The Hershey Company ("Hershey"), respectfully moves for an order granting Hershey a one-day enlargement of time for submission of its reply briefs (the "Replies") in support of its Motion in Limine Regarding Nonparty Witness Patricia C. Mooney and Motion in Limine Regarding Prior Texas Proceedings and Prior Parties, for the reasons set forth herein: CERTIFICATION PURSUANT TO D.C.COLO.LCIVR 7.1(A) Counsel for Hershey conferred with counsel for Plaintiffs regarding this motion on July 27, 2007. This motion is unopposed. ARGUMENT 1. 2. The Replies are currently due on July 27, 2007. July 27, 2007 is also the deadline for Hershey to provide Plaintiffs with its

objections and cross-designations responsive to Plaintiffs' designations of excerpts from the

Case 1:04-cv-01881-WYD-BNB

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Filed 07/27/2007

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respective depositions of Bernard Banas, Timothy Dunigan, and Walter Woods for use at trial. Such objections and cross-designations have taken substantially more time to complete than Hershey had anticipated. 3. On July 26, 2007, undersigned counsel was present in Chicago, Illinois, for the

preservation deposition of nonparty witness Larry A. Smith. (Counsel for Plaintiffs participated in the deposition by videoconference from the office of undersigned counsel in Denver, at Hershey's expense.) Because such preservation deposition took substantially longer than Hershey had anticipated, undersigned counsel was unable to return to Denver until late in the evening of July 26, 2007 and could not devote substantial time to the editing of the Replies on such date. 4. Under the circumstances, Hershey respectfully requests that this Court grant

Hershey a one-day enlargement of time, up to and including July 30, 2007, in which to file the Replies. No party would be prejudiced if Hershey were granted such enlargement of time.1 5. 6.1(D). WHEREFORE, Hershey respectfully requests that this Court grant Hershey a one-day enlargement of time, up to and including July 30, 2007, for the submission of the Replies. Respectfully submitted this 27th day of July, 2007. A copy of this motion is being served on Hershey, pursuant to D.C.COLO.LCivR

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Anticipating that Hershey would be able to file the Replies on July 27, 2007, Hershey filed its Unopposed Motion to File Under Seal Reply in Support of Motion in Limine regarding Nonparty Witness Patricia C. Mooney on such date. That motion relates to the Reply in Support of Motion in Limine Regarding Nonparty Patricia C. Mooney, which Hershey will file under seal on July 30, 2007. 2

Case 1:04-cv-01881-WYD-BNB

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s/Lino S. Lipinsky de Orlov Lino S. Lipinsky de Orlov Jennette Campopiano Roberts MCKENNA LONG & ALDRIDGE LLP 1875 Lawrence Street, Suite 200 Denver, Colorado 80202 Telephone: (303) 634-4000 Fax: (303) 634-4400 Linda C. Schoonmaker SEYFARTH SHAW LLP 700 Louisiana, Suite 3700 Houston, Texas 77002 Telephone: (713) 860-0083 Facsimile: (713) 225-2340 Jennifer E. Chung SEYFARTH SHAW LLP 815 Connecticut Avenue, N.W. Suite 500 Washington, D.C. 20006-4004 Telephone: (202) 463-2400 Facsimile: (202) 828-5393 ATTORNEYS FOR DEFENDANT, THE HERSHEY COMPANY

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Case 1:04-cv-01881-WYD-BNB

Document 535

Filed 07/27/2007

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CERTIFICATE OF SERVICE I hereby certify that, on this 27th day of July, 2007, the foregoing DEFENDANT'S UNOPPOSED MOTION FOR ENLARGEMENT OF TIME FOR SUBMISSION OF REPLY BRIEFS IN SUPPORT OF MOTIONS IN LIMINE was electronically filed with the clerk of court using the CM/ECF system which will send notification of such filing to the following individuals at the following electronic mail addresses: David C. Feola, Esq. Law Office of David C. Feola, P.C. 29025 D Upper Bear Creek Road Evergreen, CO 80439 [email protected] William S. Finger, Esq. Frank & Finger, P.C. 29025 D Upper Bear Creek Road P.O. Box 1477 Evergreen, CO 80437-1477 [email protected] and was sent to the following via e-mail: Mary Oates Walker, Esq. The Hershey Company 1837 11th Street, NW Washington, DC 20001 [email protected] s/ Lino S. Lipinsky de Orlov Lino S. Lipinsky de Orlov Jennette Campopiano Roberts MCKENNA LONG & ALDRIDGE LLP 1875 Lawrence Street, Suite 200 Denver, Colorado 80202 Telephone: (303) 634-4000 Facsimile: (303) 634-4400
DN:32126752.1

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