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

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

Document 202

Filed 07/04/2007

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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 12, 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 12, 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. No previous enlargement of time for this purpose has been requested. This enlargement, of ten additional days, would be (if granted) through July 12, 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 202

Filed 07/04/2007

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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 preparation of the opposition brief has been interrupted by pre-trial preparation in other matters, including an impending trial in Boulder District Court. To complicate matters, the undersigned's wife became ill and the undersigned's son was injured during the response period and had to be briefly hospitalized out of town, requiring immediate attention from the family. He is now convalescing at home from his injury. There are no other attorneys in this three-attorney firm who can be assigned to this responsive brief. 5. Preparation of the legal brief is underway. However, additional work is needed to finalize the legal brief. 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 12, 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 4, 2007

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

Document 202

Filed 07/04/2007

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CERTIFICATE OF SERVICE The undersigned certifies that on July 4, 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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