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

Case 1:04-cv-00455-PAC-GJR

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Filed 08/12/2005

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO

Civil Action No. 04-CV-00455-PAC-GJR Elaine Chao, Secretary of Labor, Plaintiff, v. Colorado Security Professionals, Inc., Ronald L. Smith, Individually, Defendants.

UNOPPOSED MOTION TO EXTEND TIME TO FILE CONSENT JUDGMENT

Pursuant to D.C.COLOLCivR 7.1(B), Plaintiff respectfully moves the court to grant the parties until October 1, 2005 to file a Consent Judgment in the above matter. In support of this motion, Plaintiff states as follows: 1. On June 23, 2005, Plaintiff filed an Unopposed Motion to Continue Discovery

and Pretrial Deadlines and Vacate Trial Date Pending Performance of Settlement Agreement ("Unopposed Motion to Continue"). 2. On June 23, 2005, a Minute Order was issued by the Court vacating various dates

as requested in the Unopposed Motion to Continue. The Minute Order further ordered counsel to a file a Stipulation of Dismissal on or before September 2, 2005. 3. The Settlement Agreement reached between the parties requires Defendants to

produce certain payroll records to Plaintiff by September 1, 2005. Using these records, Plaintiff is then required to calculate back pay owed to Defendants' employees from March 1, 2002 to the

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Case 1:04-cv-00455-PAC-GJR

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June 1, 2005. Plaintiff also needs to verify the accuracy of the records presented by Defendants. When the back wages have been calculated, the parties have agreed to file a Consent Judgment, which was attached to the Unopposed Motion to Continue in Exhibit A. 4. It will be impossible for Plaintiff to conduct its back wage calculations and

verifications by September 2, 2005, which is one day after Defendants are required to deliver their payroll records under the Settlement Agreement. The parties believe, however, that the calculations can be made, and the Consent Judgment filed, by October 1, 2005. 5. Counsel for Plaintiff and Defendants have conferred on the subject matter of this

motion, and counsel for Defendants joins in the instant motion. Plaintiff, therefore, requests that the Court grant the parties until October 1, 2005 to file a Consent Judgment. Respectfully submitted, Office of the Solicitor P.O. Box 46550 1999 Broadway, Suite 1600 Denver, CO 80202-1745 (303) 844-1388 (303) 844-1743 Facsimile Howard Radzely Solicitor of Labor Michael A. Stabler Regional Solicitor Ann M. Noble Associate Regional Solicitor s/ John Rainwater John Rainwater Attorney U.S. DEPARTMENT OF LABOR Attorneys for Plaintiff

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CERTIFICATE OF SERVICE I hereby certify that on August 12, 2005, I electronically filed the foregoing with the Clerk of the Court using the CM/ECF system which will send notification of such filing to the following email addresses: [email protected] s/ John Rainwater United States Department of Labor Office of the Solicitor 1999 Broadway, Suite 1600 P.O. Box 46550 Denver, Colorado 80201-6550 303-844-1388 303-844-1753 (FAX) [email protected]

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