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

Case 1:04-cv-01185-WDM-PAC

Document 67

Filed 03/22/2006

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 04-CV-1185-WDM-PAC GREG FELDMAN, Plaintiff, v. JOBSON PUBLISHING, LLC, a Delaware limited liability company, f/k/a Jobson Publishing Acquisition, LLC, f/k/a Jobson Publishing, L.L.C.; and XJP, LLC, a Delaware limited liability company, f/k/a Jobson Publishing, L.L.C., Defendants.

PLAINTIFF'S UNOPPOSED MOTION FOR EXTENSION OF TIME WITHIN WHICH TO SUBMIT STIPULATION FOR DISMISSAL

Plaintiff, Gregory Feldman, by and through his undersigned counsel, respectfully requests an eleven-day extension of time to and including April 3, 2006 within which to submit the Stipulation for Dismissal pursuant to this Court's Order of March 9, 2006, which requires the parties to submit their Stipulation for Dismissal by March 23, 2006 (Docket #66). In support of his Motion, Mr. Feldman states as follows: 1. On March 8, 2006, the parties reached an agreement in principle to settle

this case, and counsel for the parties notified the Court of the agreement via telephone conference on March 9. Over the course of the following week, counsel negotiated the terms of the settlement agreement, which provides that Mr. Feldman will agree to dismiss his case with prejudice in exchange for funds provided by Defendants.

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Case 1:04-cv-01185-WDM-PAC

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2.

On March 17, 2006, Mr. Feldman signed the settlement agreement;

Defendants have not signed the agreement, maintaining that it is unnecessary for them to do so since their sole obligation under the terms of the agreement is to pay Mr. Feldman the agreed-upon settlement amount.1 3. On March 17, 2006, counsel for Mr. Feldman provided counsel for

Defendants a signed copy of the settlement agreement in exchange for a check for the settlement funds. Mr. Feldman deposited this check with his bank that same day; however, Mr. Feldman was subsequently notified by his bank that the bank will not know whether the settlement funds have cleared for ten business days. The ten-day period will expire on March 31, 2006. 4. Because Defendants have not signed the settlement agreement, Mr.

Feldman wishes to ensure that the settlement funds have cleared prior to dismissing his lawsuit with prejudice. For this reason, Mr. Feldman requests an eleven-day extension of the deadline to file the Stipulation of Dismissal, up to and including April 3, 2006. This is the parties' first request for an extension of this deadline. CERTIFICATION OF COMPLIANCE WITH D.C.COLO.L.R. 7.1(A) Pursuant to D.C.COLO.L.Civ.R. 7.1, counsel for Plaintiff has conferred with Thomas Lyons, Esq., counsel for Defendants, regarding this motion. Mr. Lyons does not oppose this motion. WHEREFORE, Plaintiff Greg Feldman respectfully requests an extension up to and including April 3, 2006 within which to submit the parties' Stipulation of Dismissal.

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Counsel for Defendants has approved the agreement as to form.

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Dated this 22nd day of March, 2006. Respectfully submitted, STUDENT LAW OFFICE

s/ Laura L. Rovner________ Laura L. Rovner University of Denver Sturm College of Law 2255 E. Evans Ave., Suite 335 Denver, CO 80208 Telephone: 303.871.6140 Fax: 303.871.6847 E-mail: [email protected] Attorney for Plaintiff Greg Feldman s/ Ari Krichiver___________________ Ari Krichiver, Student Attorney University of Denver Sturm College of Law 2255 E. Evans Ave., Suite 335 Denver, CO 80208 Telephone: 303.871.6140 Fax: 303.871.6847 Student Attorney for Plaintiff Greg Feldman s/ Marybeth Walsh____________________ Marybeth Walsh, Student Attorney University of Denver Sturm College of Law 2255 E. Evans Ave., Suite 335 Denver, CO 80208 Telephone: 303.871.6140 Fax: 303.871.6847 Student Attorney for Plaintiff Greg Feldman

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Case 1:04-cv-01185-WDM-PAC

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Filed 03/22/2006

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Certificate of Service I HEREBY CERTIFY that on this 22nd day of March 2006, I electronically filed the foregoing PLAINTIFF'S UNOPPOSED MOTION FOR EXTENSION OF TIME WITHIN WHICH TO SUBMIT STIPULATION OF DISMISSAL with the Clerk of Court using the CM/ECF system which will send notification of such filing to the following e-mail addresses: [email protected] [email protected]

/s/ Laura L. Rovner Laura L. Rovner STUDENT LAW OFFICE University of Denver Sturm College of Law 2255 E. Evans Avenue Denver, CO 80208 Tel: 303.871.6140 Fax: 303.871.6847 Email: [email protected] Attorney for Plaintiff Greg Feldman

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