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

Case 1:04-cv-01264-LTB-PAC

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Filed 04/25/2006

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UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 04-cv-01264-LTB-PAC MARY M. HULL, Plaintiff, v. UNITED STATES DEPARTMENT OF LABOR, Defendant.

DEFENDANT'S UNOPPOSED MOTION FOR EXTENSION OF TIME TO FILE RESPONSE TO PLAINTIFF'S MOTION FOR ATTORNEY'S FEES

Defendant, the United States Department of Labor, through its attorneys of record, hereby moves, pursuant to Rule 6(b)(1) of the Federal Rules of Civil Procedure, for a one-week extension of time, to Tuesday, May 2, 2006, to file defendant's response in opposition to plaintiff's motion for attorney's fees. Plaintiff's motion for attorney's fees has been docketed by the Clerk of the Court as Document 41. Undersigned counsel for defendant has contacted Curtis Kennedy, Esq., counsel for plaintiff, and Mr. Kennedy has stated that plaintiff has no objection to defendant's requested one-week extension of time to file defendant's response to plaintiff's motion. Good cause exists to grant defendant's requested extension of time, as defendant demonstrates below:

Case 1:04-cv-01264-LTB-PAC

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Filed 04/25/2006

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1.

On March 27, 2006, defendant's undersigned counsel's wife gave birth to

undersigned counsel's daughter. 2. Defendant's undersigned counsel was not at work on March 27, 2006, and

he remained out of work for the next two and a half weeks, returning to work on Thursday, April 13, 2006. Undersigned counsel's daughter's health, and the need to take care of his wife and two-year-old son during that time period, necessitated that undersigned counsel stay at home to care for his family. 3. Plaintiff filed on March 31, 2006, her motion for attorney's fees. See

Docket No. 41. 4. Pursuant to this Court's Order filed April 5, 2006, defendant has until April

25, 2006 to file its response to plaintiff's motion. See Docket No. 43. 5. Due to the fact that undersigned counsel has had a significant backlog of

work to attend to in his other cases since his return to work on April 13, 2006, he has not been able to devote sufficient time to preparing defendant's opposition to plaintiff's motion for filing on April 25. In addition to his other work, undersigned counsel was involved in witness preparation on April 18 and 19, 2006, and in a deposition all day on April 20, 2006, in the case Sandle v. Principi, et al., Civil Action No. 03-cv-02435-PSFPAC. In addition, he has been preparing for a final trial preparation conference on April 28, 2006, in the case Jordan v. Pugh, et al., Civil Action No. 02-cv-01239-MSK-PAC.

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Case 1:04-cv-01264-LTB-PAC

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Filed 04/25/2006

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WHEREFORE, defendant respectfully requests that it be granted an extension of time, to Tuesday, May 2, 2006, to file defendant's response in opposition to plaintiff's motion for attorney's fees. Dated this 25 th day of April, 2006. WILLIAM J. LEONE United States Attorney

s/ Michael C. Johnson MICHAEL C. JOHNSON Assistant United States Attorney 1225 Seventeenth Street, Suite 700 Denver, Colorado 80202 Telephone: (303) 454-0134 FAX: (303) 454-0408 E-mail: [email protected] Counsel for Defendant

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Case 1:04-cv-01264-LTB-PAC

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Filed 04/25/2006

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CERTIFICATE OF SERVICE I hereby certify that on this 25 th day of April, 2006, I electronically filed the foregoing document with the Clerk of the Court using the CM/ECF system, which will send notification of such filing to the following CM/ECF participant:

Counsel for Plaintiff: Curtis L. Kennedy 8405 E. Princeton Avenue Denver, Colorado 80237-1741

s/ Michael C. Johnson Michael C. Johnson Attorney for Defendant United States Attorney's Office 1225 Seventeenth Street, Suite 700 Denver, Colorado 80202 Telephone: (303) 454-0134 FAX: (303) 454-0408 E-mail: [email protected]

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