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

Case 1:04-cv-01769-MSK-CBS

Document 237

Filed 01/26/2007

Page 1 of 5

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 1:04-cv-01769-MSK-CBS A MAJOR DIFFERENCE, INC., a Colorado corporation, Plaintiff, vs. ERCHONIA MEDICAL, INC., an Arizona corporation, ERCHONIA MEDICAL LASERS, L.L.C., an Arizona limited liability company, and ERCHONIA PATENT HOLDINGS, L.L.C., an Arizona limited liability company, Defendants. ______________________________________________________________________________ ERCHONIA PATENT HOLDINGS, LLC, an Arizona limited liability company; ERCHONIA MEDICAL INC., an Arizona corporation, Counterclaimants and Third-Party Plaintiffs, vs. A MAJOR DIFFERENCE, INC., a Colorado corporation, ROBERT E. MORONEY, an individual, ROBERT E. MORONEY, L.L.C., a Colorado limited liability company, MIKI SMITH, an individual, KMS Marketing, Incorporated, a Colorado corporation, and STARGATE INTERNATIONAL INC., a Colorado corporation, Counterdefendant and Third-Party Defendants. ______________________________________________________________________________ JOINT MOTION FOR EXTENSION OF TIME TO FILE SETTLEMENT DOCUMENTS ______________________________________________________________________________ The parties, through their respective undersigned counsel, hereby move the Court pursuant to Fed.R.Civ.P. 6(b) and D.Colo.L.R.Civ. 6.1(B) for an extension of time until February 28, 2007 in which to file the settlement documents with the Court, and as grounds for this extension state as

Case 1:04-cv-01769-MSK-CBS

Document 237

Filed 01/26/2007

Page 2 of 5

follows: 1. The parties have reached a tentative settlement in this case. The settlement is a global

settlement, not only of this case, but of all pending and related cases between the parties, including D.Colo. No. 05-cv-02325, the consolidated cases in the United States District Court for the District of Arizona, and a case in Georgia state court. Pursuant to the Court's Minute Order dated December 27, 2006, the parties were directed to file a stipulation for dismissal or other settlement documents by January 31, 2007. 2. Since the Court issued its December 27, 2006 Minute Order, the parties have worked

diligently to resolve all pending disputes and prepare the settlement agreement, stipulation for dismissal, and related settlement documents. The parties are very close to finalizing their settlement agreement and believe that the settlement can be finalized, and settlement papers can be filed, by February 28, 2007. However, there are a few matters remaining to be resolved; in addition, the final settlement agreement must be signed by all parties to the cases, which cannot logistically be accomplished by January 31, 2007. Accordingly, the parties respectfully request an extension of time until February 28, 2007, in which to file their settlement documents with the Court. 3 The Court in case D.Colo Case No.05-cv-02325 and the United States District Court

for the District of Arizona in the consolidated Arizona cases have given the parties until February 28, 2007 to file settlement documents in those cases. 4. Pursuant to D.Colo.L.R.Civ. 6.1(C), the parties state that this is their first motion for

extension of time to file settlement documents in this case. 5. Pursuant to D.Colo.L.R.Civ 6.1(D), a copy of this Joint Motion for Extension of

-2-

Case 1:04-cv-01769-MSK-CBS

Document 237

Filed 01/26/2007

Page 3 of 5

Time to File Settlement Documents has been served on the parties to this case. WHEREFORE, the parties respectfully request the Court to enter an Order granting them an extension of time until February 28, 2007, in which to file the settlement documents in this case, and to grant such other and further relief as the Court deems just and proper. Respectfully submitted this 26th day of January, 2007,

s/ Robert R. Brunelli Robert R. Brunelli, Esq. [email protected] Benjamin J. Lieb, Esq. [email protected] Scott R. Bialecki [email protected] Paul S. Cha [email protected] SHERIDAN ROSS P.C. 1560 Broadway, Suite 1200 Denver, Colorado 80202 (303) 863-9700 Attorneys for Plaintiff, Counterdefendants, and Third-Party Defendants

s/ John R. Mann John R. Mann [email protected] Charles R. Ledbetter [email protected] KENNEDY CHILDS & FOGG, P.C. 1050 17th Street, Suite 2500 Denver, Colorado 80256 (303) 825-2700 Ira M. Schwartz [email protected] DECONCINI MCDONALD YETWIN & LACY, P.C. 7310 N. 16th Street, Suite 330 Phoenix, Arizona 85020 (602) 282-0500 Richard L. Gabriel [email protected] David O. Seeley [email protected] HOLME ROBERTS & OWEN LLP 1700 Lincoln Street, Suite 400 D.C. Box No. 07 Denver, Colorado 80203 (303) 861-7000 Attorneys for Defendants, Counterclaimants and Third-Party Plaintiffs

-3-

Case 1:04-cv-01769-MSK-CBS

Document 237

Filed 01/26/2007

Page 4 of 5

CERTIFICATE OF SERVICE The undersigned certifies that on this 26th day of January, 2007, a true and correct copy of the foregoing JOINT MOTION FOR EXTENSION OF TIME TO FILE SETTLEMENT DOCUMENTS was electronically filed with the Clerk of Court using the CM/ECF system, which will send notification of such filing to the following e-mail addresses: Robert R. Brunelli, Esq. [email protected] Benjamin J. Lieb, Esq. [email protected] SHERIDAN ROSS P.C. 1560 Broadway, Suite 1200 Denver, CO 80202 Richard L. Gabriel, Esq. [email protected] David Seely, Esq. [email protected] HOLME ROBERTS & OWEN LLP 1700 Lincoln St., Suite 400 Denver, CO 80203 Ira M. Schwartz, Esq. [email protected] DECONCINI MCDONALD YETWIN & LACY, P.C. 7310 N. 16th St., Suite 330 Phoenix, AZ 85020 : s/ John R. Mann John R. Mann KENNEDY CHILDS & FOGG, P.C. 1050 17th Street, Suite 2500 Denver, Colorado 80265 (303) 825-2700 (303) 825-0434 FAX [email protected]

-4-

Case 1:04-cv-01769-MSK-CBS

Document 237

Filed 01/26/2007

Page 5 of 5

CERTIFICATE OF MAILING The undersigned certifies that on this 26th day of January, 2007, a true and correct copy of the foregoing JOINT MOTION FOR EXTENSION OF TIME TO FILE SETTLEMENT DOCUMENTS was sent via first-class U.S. mail, postage pre-paid and addressed as follows: Erchonia Medical, Inc. Erchonia Medical Lasers, LLC Erchonia Patent Holdings, LLC Attn: Steve Shanks 2021 Commerce Drive McKinney, TX 75069 Mr. Robert Walker Stargate International, Inc. 10235 South Progress Way, #7 Parker, CO 80134 Mr. Robert E. Moroney A Major Difference, Inc. 16213 E. Mercer Circle Aurora, CO 80013 Mr. Miki Smith KMS Marketing, Inc. 31178 Niakwa Road Evergreen, CO 80439 s/ John R. Mann

-5-