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

Case 1:04-cv-00188-WYD-CBS

Document 205

Filed 07/12/2007

Page 1 of 3

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 04-cv-00188-WYD-CBS ESTATE OF WILLIAM E. HARVEY; and WILLIAM B. HARVEY, A MINOR, BY AND THROUGH HIS MOTHER, CORAL CREEK, Plaintiffs, v. UNITED STATES OF AMERICA, Defendant. ________________________________________________________________________ PLAINTIFFS' UNOPPOSED MOTION FOR ENLARGEMENT OF TIME TO AND THROUGH JULY 16, 2007 TO OPPOSE MOTION FOR PARTIAL SUMMARY JUDGMENT ________________________________________________________________________

PLAINTIFFS ESTATE OF WILLIAM E. HARVEY; AND WILLIAM B. HARVEY, A MINOR, BY AND THROUGH HIS MOTHER, CORAL CREEK; by and through their attorneys, the law firm of Olsen & Brown, LLC, move without opposition for an enlargement of time to and through July 16, 2007 to respond to motion for partial summary judgment, and as grounds therefor state as follows:

1. Defendant's counsel, Ms. Weishaupl, has communicated her non-opposition to this motion. The undersigned will return the courtesy as may be requested. 2. One previous enlargement of ten days for this purpose has been granted. This enlargement, of four additional days, would be (if granted) through July 16, 2007. 3. This motion has been served upon the defense as well as the clients, as set forth 1

Case 1:04-cv-00188-WYD-CBS

Document 205

Filed 07/12/2007

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in the Certificate of Service below. Plaintiffs themselves or through their representative are aware of, and concur in, this motion. 4. The reason for this request is that, in addition to the reasons set forth in the prior motion, the undersigned must accomplish further work on the legal brief, whose latest draft was considered not up to standards, requiring considerable additional work by the undersigned. The undersigned has been unable to break away from other matters, including preparation for trial in the Boulder District Court, to devote his attention to finalizing the brief. In addition, further documents must be gathered and a meeting concluded with one of the clients on Saturday, July 14, 2007. 5. An initial draft of the brief is done but considerable additional work with have to be accomplished to properly and fully address all of the pertinent issues. 6. No further or additional enlargement for this purpose will be needed. 7. Again, defendant's counsel has kindly voiced her nonobjection to this motion. 8. A form of Order has been attached for the convenience of the Court. WHEREFORE, Plaintiffs respectfully move without opposition for an enlargement of time to and through July 16, 2007 to respond to motion for summary judgment. RESPECTFULLY SUBMITTED, OLSEN & BROWN, LLC By: s/ John R. Olsen John R. Olsen Attorneys for Plaintiffs 8362 Greenwood Drive Niwot, Colorado 80503 Telephone: (303) 652-1133

Date: July 12, 2007

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Case 1:04-cv-00188-WYD-CBS

Document 205

Filed 07/12/2007

Page 3 of 3

CERTIFICATE OF SERVICE The undersigned certifies that on July 12, 2007, a true and correct copy of the foregoing was electronically served upon defendant's counsel and mailed to plaintiffs as follows: Elizabeth Weishaupl, Esq. Ass't U.S. Attorney U.S. Attorney's Office (Civil Division) 1225 17th St., Room 700 Denver, CO 80202 Joan Grace 11122 Concord River Court Rancho Cordova, CA 95670 William B. Harvey 3542 Howard St. Billings, Montana 59102 s/ John R. Olsen John R. Olsen

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