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

Case 1:04-cv-01225-MSK-BNB

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Filed 11/02/2005

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Hon. Marcia S. Krieger Civil Action No. 04-cv-01225-MSK-BNB MALIK M. HASAN, M.D., an individual; and SEEME G. HASAN, an individual, Plaintiffs, v. GOLDMAN SACHS 1998 EXCHANGE PLACE FUND, L.P., a Delaware limited partnership; GOLDMAN SACHS 1999 EXCHANGE PLACE FUND, L.P., a Delaware limited partnership; GOLDMAN SACHS MANAGEMENT PARTNERS, L.P., a Delaware limited partnership; GOLDMAN SACHS MANAGEMENT, INC., a Delaware corporation; THE GOLDMAN SACHS GROUP, INC., a Delaware corporation; GOLDMAN, SACHS & CO., a New York limited partnership; JOHN DOES 1-100, individual persons whose true identities are unknown; and LENDER PARTIES 1-100, business entities whose true identities are unknown, Defendants.

UNOPPOSED MOTION FOR EXTENSION OF TIME TO RESPOND TO "THE NAMED DEFENDANTS MOTION FOR PRECLUSION AND OTHER RELIEF"

Plaintiffs, Malik M. Hasan and Seeme G. Hasan, through their undersigned counsel, Senn · Visciano · Kirschenbaum · Merrick P.C., respectfully request an extension of time, up to and including November 30, 2005, within which to respond to The Named Defendants' Motion for Preclusion and Other Relief (the "Preclusion Motion"). As grounds for this motion for

extension of time, the Hasans advise the Court as follows: 1. On October 18, 2005, the Preclusion Motion was filed. The

Preclusion Motion uses the testimony of Mr. Sandler as one of the cornerstones

Case 1:04-cv-01225-MSK-BNB

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of its argument. The Preclusion Motion goes on to mischaracterize the testimony and discovery in this case, and intentionally omits other material information that is directly relevant to the assertions made in the Preclusion Motion. 2. The Hasans intend to respond vigorously in opposition to the

Preclusion Motion, and to demonstrate in their opposition papers the deliberate distortions contained in the Preclusion Motion. 3. In order to permit the Hasans adequate time to participate in

the balance of the discovery (including the deposition of Mr. Sandler that has now been scheduled by the Goldman Sachs Defendants on November 4, 2005 in New York), and to fully prepare for the hearing on November 9-10, 2005, the Hasans respectfully request that an extension until November 30, 2005 be granted to respond according to the Preclusion Motion. 4. The Hasans emphasize that granting them an extension of

time up to and including November 30, 2005 within which to respond to the Preclusion Motion is not unreasonable given: (a) the fact that the Hasans will not return to the country until November 1, 2005, (b) the upcoming depositions that will take counsel to Los Angeles and New York, (c) the time required to prepare for the upcoming hearing before Hon. Marcia Krieger on November 9-10, (d) the time required to prepare an adequate response to the Preclusion Motion, and (e) the upcoming Thanksgiving holiday. 5. Pursuant to D.C.COLO.LCivR 7.1 the undersigned certifies

that he has conferred with Bruce Featherstone, attorney for Defendant, regarding the filing of this motion for extension of time. Mr. Featherstone does not oppose the extension of time sought in this motion. 6. Neither party will be prejudiced in the granting of the

extension of time requested by the Hasans.

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WHEREFORE, the Hasans respecffully request this Court to grant the Hasans an extension of time up to an including November 30, 2005 within which to file/serve their response to the Preclusion Motion. Dated: November 2, 2005. Respectfully submitted,

_s/ Glenn W. Merrick __________ Glenn W. Merrick Senn · Visciano · Kirschenbaum · Merrick P.C. Suite 4300, 1801 California Street Denver, Colorado 80202 Telephone: (303) 298-1122 Facsimile: (303) 296-9101 Email: [email protected] ATTORNEYS FOR PLAINTIFFS, MALIK M. HASAN, M.D. and SEEME G. HASAN

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CERTIFICATE OF SERVICE I hereby certify that on November 2, 2005, I electronically filed the foregoing MOTION FOR EXTENSION OF TIME TO RESPOND TO "THE NAMED DEFENDANTS MOTION FOR PRECLUSION AND OTHER RELIEF" with the Clerk of Court using the CM/ECF system which will send notification of such filing to the following e-mail addresses: Bruce Featherstone Featherstone DeSisto, LLP [email protected] Max Gitter Cleary Gottlieb Steen & Hamilton, LLP [email protected] and I hereby certify that I have mailed or served the same on the following non CM/ECF participant via U.S. Mail, postage prepaid addressed to: Nancy I. Ruskin, Esq. Cleary, Gottlieb, Steen & Hamilton One Liberty Plaza New York, New York 10006

s/ Dyanna Spicher _______

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