Free Motion for Extension of Time to File Response/Reply - District Court of Colorado - Colorado

Case 1:04-cv-01325-WYD-MJW

Document 43

Filed 07/07/2005

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO

Civil Action No. 04-CV- 01325-WYD-MJW BARBARA SMITH, Plaintiff, v. AVAYA INC., a Delaware Corporation Defendant. ______________________________________________________________________________ DEFENDANT'S UNOPPOSED MOTION FOR EXTENSION OF TIME IN WHICH TO FILE REPLY BRIEF IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT ______________________________________________________________________________ COMES NOW Defendant Avaya Inc. ("Defendant" or "Avaya"), by and through its attorneys and pursuant to D.C.COLOLCivR 6.1 and 7.1, and respectfully submits the following Unopposed Motion for Extension of Time in Which to File Reply Brief in Support of Motion for Summary Judgment. In support of this Motion, Defendant states as follows: 1. Defendant filed a Motion for Summary Judgment on April 25, 2005. Plaintiff

filed her Response on June 27, 2005. Defendant's Reply currently is due on or before July 12, 2005. (See D.C.COLOLCiv.R 56.1(A)). Counsel for Defendant currently has a summary judgment brief in another matter due on July 11, 2005. In order to be able to complete that brief, as well as draft a Reply in the instant matter, Defendant respectfully requests an extension of ten (10) days, up to and including July 22, 2005, in which to file its Reply.

Case 1:04-cv-01325-WYD-MJW

Document 43

Filed 07/07/2005

Page 2 of 3

2.

Pursuant to D.C.COLOLCiv.R 7.1, the undersigned certifies that he has conferred

with Plaintiff's counsel regarding this Motion and that Plaintiff's counsel does not oppose the extension sought herein. 3. 4. No prior extensions with respect to this deadline have been sought or obtained. A copy of this Motion is being served on Defendant as well as Plaintiff's counsel.

WHEREFORE, Defendant respectfully requests that the instant Motion be granted and that it be given up to and including July 22, 2005 in which to file its Reply Brief in Support of its Motion for Summary Judgment. Respectfully submitted this 7th day of July, 2005.

/s Patrick J. Miller Patrick J. Miller Jennifer A. Seidman SHERMAN & HOWARD L.L.C. D.C. Box 12 633 Seventeenth Street, Suite 3000 Denver, CO 80202 Telephone: (303) 297-2900 Facsimile: (303) 298-0940 [email protected] [email protected] Attorneys for Defendant Avaya Inc.

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Case 1:04-cv-01325-WYD-MJW

Document 43

Filed 07/07/2005

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CERTIFICATE OF SERVICE I hereby certify that on this 7th day of July, 2005, a true and correct copy of the foregoing DEFENDANT'S UNOPPOSED MOTION FOR EXTENSION OF TIME IN WHICH TO FILE REPLY BRIEF IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT was deposited in the U.S. Mail, postage prepaid, addressed to the following: George C. Price, Esq. 900 Logan Street Denver, Colorado 80203

/s Cheryl D. Witt

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