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

Case 1:04-cv-00791-WDM-BNB

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Filed 02/08/2006

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 04-cv-791-WYD-BNB

STEPHEN H. ADAMS, Plaintiff, v. LANCE DYER, Aurora Police Department, MICHAEL GASKILL, Aurora Police Department, CHRISTOPHER STINE, Aurora Police Department, GERALD JOHNSGUARD [sic], Aurora Police Department, RICHARD DAY, Aurora Police Department, DAVID ORD, Aurora Police Department, WILLIAM HELLER, Aurora Police Department, JUSTIN THULL, Aurora Police Department, JULIE STAHNKE, Aurora Police Department, LIEUTENANT STEPHENSON [sic], Aurora Police Department, CAPTAIN CLOYDE [sic], Chief/Captain of Aurora Police Department in Supervisory, City of Aurora Police Department, and CITY OF AURORA, COLORADO, Defendants.

MOTION FOR EXTENSION OF TIME TO FILE OBJECTIONS TO RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE

COME NOW Defendants Dyer, Stine, Gaskill, Day, Stahnke, Heller, Thull, Jonsgaard and Stevens, above-named, by and through their counsel of record, and hereby respectfully move this Honorable Court for a seven (7) day enlargement of time in which to submit objections to the Recommendation of United States Magistrate Judge, and as grounds therefor STATE AS FOLLOWS:

Case 1:04-cv-00791-WDM-BNB

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1.

Pursuant to D.C.COLO.LR 7.1(A), undersigned counsel has discussed the instant

Motion with pro se Plaintiff Adams via telephone. Plaintiff Adams has indicated that he objects to the relief requested herein. Undersigned counsel has also discussed this Motion with counsel for Defendants the City of Aurora and Roger Cloyd, who does not object to the relief requested. 2. Magistrate Judge Boland issued his Recommendation on Defendants' Motion for

Summary Judgment on January 27, 2006. Pursuant to F.R.C.P. 6(a), any objections to the Recommendation are currently due on Friday, February 10, 2006. 3. Service of Magistrate Boland's Recommendation coincides with impending deadlines

in undersigned counsel's other cases, including unforeseen procedural developments in People v. Clark, Case No. 05-M-08222 (Denver Cty. Ct.), which require immediate discovery procedures involving the federal government. Undersigned counsel is also in the midst of preparing a summary judgment reply and response to cross-motion for summary judgment in Shotts, et al. v. Phil Long Ford, Case No. 05-CV-6454 (Denver Dist. Ct.); appellate pleadings in Fonda-Wall v. Ashcroft, et al., EEOC Case No. 320-2003-8067X; and discovery motions and pleadings in Saturn of Highlands Ranch v. McKay, Case No. 05-CV-5586 (Arapahoe Dist. Ct.). In addition, undersigned counsel is scheduled to be out of town from February 8 through 12, 2006, in connection with his responsibilities as an adjunct professor of trial advocacy for the University of Denver. This engagement has been planned for many months and cannot be postponed. 4. Pursuant to D.C.COLO.LCivR 6.1(C), Defendants have not obtained any other

extensions of time in this matter.

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Case 1:04-cv-00791-WDM-BNB

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5.

Pursuant to D.C.COLO.LCivR 6.1(D), the undersigned states that by copy of the

instant Motion, all Defendants have been notified of the requested enlargement of time. 6. Granting this brief, seven (7) day extension of time will not prejudice any party to this

action, nor will it impact any further deadlines currently calendared by the Court in this matter. Furthermore, this request is not made for purposes of delay, and granting this Motion will best serve the interests of justice and judicial economy and efficiency. WHEREFORE, for the foregoing reasons, Defendants respectfully request this Court enter an Order granting Defendants Dyer, Stine, Gaskill, Day, Stahnke, Heller, Thull, Jonsgaard and Stevens, a seven (7) day enlargement of time, up to and including Friday, February 17, 2006, in which to file their objections to Magistrate Boland's Recommendation. DATED this 8th day of February 2006. Respectfully submitted, BRUNO, BRUNO & COLIN, P.C.

/s/ Michael T. Lowe Michael T. Lowe 1560 Broadway, Suite 1099 Denver, Colorado 80202-5143 Telephone: (303) 831-1099 Counsel for Defendants Dyer, Stine, Gaskill, Day, Stahnke, Heller, Thull, Jonsgaard, and Stephens

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Case 1:04-cv-00791-WDM-BNB

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CERTIFICATE OF SERVICE I hereby certify that on this 8th day of February, 2006, I electronically filed the foregoing MOTION FOR EXTENSION OF TIME TO FILE OBJECTIONS TO RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE with the Clerk of the Court using the CM/ECF system which will send notification of such filing to the following e-mail addresses: Peter Rubel Morales, Esq. @ [email protected] /s/ Lisa Beamer E-mail: [email protected] Paralegal for Attorneys Marc F. Colin and Michael T. Lowe And I hereby certify that I have mailed or served the document or paper to the following non CM/EFC participants by depositing the same in the U.S. Mail, postage prepaid: Stephen H. Adams Reg No 86319 D.R.D.C. Unit 1-C-1-12 P.O. Box 6000 Sterling Correctional Facility Sterling, Colorado 80751 Lance Dyer 15001 E. Alameda Pkwy. Aurora, CO 80012 Michael Gaskill 15001 E. Alameda Pkwy. Aurora, CO 80012 Christopher Stine 15001 E. Alameda Pkwy. Aurora, CO 80012 Gerald Jonsgaard 15001 E. Alameda Pkwy. Aurora, CO 80012 /s/ Lisa Beamer E-mail: [email protected] Paralegal for Attorneys Marc F. Colin and Michael T. Lowe Richard Day 15001 E. Alameda Pkwy. Aurora, CO 80012 William Heller 15001 E. Alameda Pkwy. Aurora, CO 80012 Justin Thull 15001 E. Alameda Pkwy. Aurora, CO 80012 Julie Stahnke 15001 E. Alameda Pkwy. Aurora, CO 80012

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