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

Case 1:04-cv-00148-MSK-PAC

Document 113

Filed 10/30/2006

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 04-cv-00148-MSK-PAC BARBARA A. FREEMAN Plaintiff, v. C/O DINET, officer in Unit 6 D Pod, and ASSOCIATE WARDEN NOBEL WALLACE, DWCF, Defendants.

AGREED MOTION TO FURTHER EXTEND DATE TO SUBMIT DISMISSAL PAPERS Plaintiff Barbara A. Freeman ("Plaintiff" or "Ms. Freeman"), through undersigned counsel, with the agreement of Defendants, hereby moves the Court to further extend the date to submit dismissal papers, and in support states as follows: 1. On September 27, 2006 undersigned counsel previously filed a Motion for Further

Extension of Time to file Dismissal Papers which was granted on September 28, 2006 with the notation from the court stating that an additional extension would not be permitted unless good cause is shown. 2. From September 27 through October 18, 2006, the parties negotiated language

with respect to the scope and timing of the release contained within the Release and Settlement Agreement. The communication between counsel and Plaintiff, as well as obtaining the signature of Plaintiff, necessitated multiple trips to the Denver Women's Correctional Facility.

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Case 1:04-cv-00148-MSK-PAC

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As soon as counsel obtained Plaintiff's signature on the settlement documents he forwarded the same to counsel for Defendants. 3. By correspondence dated October 30, 2006, counsel for Defendants (Kristine K.

Kayter) stated that the settlement documents executed by Plaintiff were received by her office on October 18, 2006 and that the settlement documents were immediately forwarded to the Colorado Department of Corrections from her office on that date, October 18, 2006. However, to date Ms. Hayter has not received a fully executed Release and Settlement Agreement from Defendants. 4. Plaintiff desires to ensure that the Release and Settlement is executed by all

parties before this case is dismissed. 5. For the reason stated above by Defendants' counsel, this extension is not based on

"press of business" and is supported by good cause, therefore, a further extension of time is appropriate and necessary to file the appropriate dismissal papers. 6. this case. WHEREFORE, Plaintiff respectfully requests that the deadline to file dismissal papers in this matter be further extended for a reasonable time to allow the necessary state agencies' approval and all Defendants signature on the settlement documents. This further extension is not requested to delay and will not prejudice anyone in

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Dated this 30th day of October 2006. Respectfully submitted, s/ Leonard H. MacPhee Leonard H. MacPhee Attorney for Plaintiff PERKINS COIE LLP 1899 Wynkoop Street, Suite 700 Denver, Colorado 80202 Telephone: (303) 291-2300 Facsimile: (303) 291-2400 Email: [email protected]

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Case 1:04-cv-00148-MSK-PAC

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Filed 10/30/2006

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CERTIFICATE OF SERVICE
I hereby certify that on this 30th day of October, 2006, 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 e-mail addresses: Kristine Kay Hayter Attorney for Defendants Email: [email protected] Paul S. Sanzo Colorado Attorney General's Office Email: [email protected] and hereby certify that I have mailed the foregoing to the following non EM/ECF participant via U.S. Mail, postage prepaid: Barbara A. Freeman #105776 Denver Women's Correctional Facility PO Box 392005 Denver, CO 80239 s/ Leonard H. MacPhee Leonard H. MacPhee Attorney for Plaintiff PERKINS COIE LLP 1899 Wynkoop Street, Suite 700 Denver, Colorado 80202 Telephone: (303) 291-2300 Facsimile: (303) 291-2400 Email: [email protected]

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