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

Case 1:04-cv-01825-ZLW-BNB

Document 48

Filed 06/29/2005

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO

Civil Action No. 04-cv-01825-ZLW-BNB

THE ESTATE OF CHANDA JOHNSON, Deceased, by DORRIS RICHARDSON, Plaintiff/Personal Representative, Plaintiff, v. AVAYA COMMUNICATION INC., a Delaware Corporation, Defendant. ______________________________________________________________________________ DEFENDANT'S MOTION FOR EXTENSION OF DISPOSITIVE MOTION DEADLINE ______________________________________________________________________________ COMES NOW Defendant Avaya Inc. ("Defendant" or "Avaya"), through its undersigned attorneys and pursuant to D.C.COLO.LCivR 6.1 and 7.1, and respectfully submits the following Motion for Extension of Dispositive Motion Deadline. In support of this Motion, Defendant states as follows: 1. The original dispositive motion deadline in this case was May 23, 2005. (See

Scheduling Order, filed Nov. 8, 2004, at 5). On April 19, 2005, the Court granted the Parties' Joint Motion for Extension of Deadlines to Respond to Written Discovery and for Extension of Discovery Cutoff and Dispositive Motion Deadline, extending the dispositive motion deadline to June 6, 2005. On June 6, 2005 a hearing was held on Defendant's Motion to Compel Discovery Responses. After the Court granted Defendant's motion, counsel for Defendant orally requested a further extension of the dispositive motion deadline so that he would have time to review the

Case 1:04-cv-01825-ZLW-BNB

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Filed 06/29/2005

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documents that the Court ordered Plaintiff to produce. The Court extended the dispositive motion to June 30, 2005. (See June 6, 2005 Order at 2). 2. The Court, in its June 6, 2005 Order, ordered Plaintiff to produce documents

responsive to Defendant's Requests for Production on or before June 13, 2005. However, counsel for Defendant did not receive any such documents until June 28, 2005, two days before the dispositive motion deadline. Therefore, Defendant respectfully requests extra time in which its counsel can review this document production and determine whether these documents can be used in any dispositive motion. Defendant requests an extension up to and including July 11, 2005. 3. Pursuant to D.C.COLO.LCivR 7.1(A), the undersigned certifies that he attempted

to confer with Plaintiff's counsel regarding this Motion by leaving a voicemail message on the morning of June 29, 2005 describing the extension requested herein. As of the filing of this Motion, the undersigned has not heard back from Plaintiff's counsel. 4. A copy of this Motion is being served on Defendant as well as Plaintiff's counsel.

WHEREFORE, Defendant respectfully requests that the Court grant the instant Motion and that the dispositive motion deadline in this case be extended up to and including July 11, 2005.

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Case 1:04-cv-01825-ZLW-BNB

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Respectfully submitted this 29th day of June, 2005. /s/ Patrick J. Miller Patrick J. Miller SHERMAN & HOWARD, L.L.C. DC BOX 12 633 Seventeenth Street, Suite 3000 Denver, CO 80202 Tel: (303) 297-2900 Fax: (303) 298-0940 Attorneys for Defendant Avaya Inc.

CERTIFICATE OF SERVICE I hereby certify that on June 29, 2005 a true and correct copy of the foregoing DEFENDANT'S MOTION FOR EXTENSION OF DISPOSITIVE MOTION DEADLINE was deposited in the United States Mail, postage prepaid, addressed to each of the following:

Plaintiff: Larry Carroll, Esq. Carroll & Associates, P.C. 1900 Grant Street, Suite #650 Denver, Colorado 80203 Defendant: Avaya, Inc. Attn: Vito Carnevale, Esq. 211 Mt. Airy Road, Room 3C630 Basking Ridge, N.J. 07920

/s/ Cheryl D. Witt

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