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

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

Document 110

Filed 09/27/2006

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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 by 30 days, and in support states as follows: CERTIFICATE OF COMPLIANCE WITH COLO.L.R. 7.1 Undersigned counsel certifies his office conferred with counsel for Defendants and is authorized to represent that Defendants agree with the relief requested in this Motion. 1. At the settlement conference held on August 15, 2006 the parties reached

settlement in this matter. 2. On August 18, 2006 the Court enter an Minute Order stating that final dismissal

papers must be filed before August 29, 2006.

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

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3.

On August 28, 2006 undersigned counsel filed an Agreed Motion to Extend Date

to Submit Settlement Documents to September 28, 2006, which the Court granted on by Minute Order dated August 30, 2006. 4. The parties have not finalized the settlement yet, due in most part to undersigned

counsel's schedule. In addition to the normal case load, undersigned counsel is currently involved in the deposition phase of two related cases in Denver and South Carolina involving more than 20 depositions. These depositions are occurring in Denver, South Carolina and Georgia and involve multiple parties and attorneys form four law firms. Due to this deposition schedule in this other case and the constraints on undersigned counsel's ability to coordinate times to meet with Ms. Freemen to discuss the settlement documents, undersigned counsel has not been able to meet with Ms. Freeman to go over the settlement papers. Further, the respective counsel are negotiating certain language which is complicated by constraints imposed due to the governmental status of Defendants. 5. As previously stated, counsel for Defendants the State of Colorado and Colorado

Department of Corrections indicates that after receipt of the settlement papers from Ms. Freeman it will take additional time to have her clients approve and sign the settlement agreement and then the parties will have to allow the proceeds to be forwarded no later than 20 business days following their approval. 6. Ms. Freeman does not want to dismiss this case until the entire settlement process

is finalized, including receipt of settlement proceeds. 7. this case. This further extension is not requested to delay and will not prejudice any one in

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

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WHEREFORE, Plaintiff respectfully requests that the deadline to file dismissal papers in this matter be further extended for an additional 30 days or until October 30, 2006. Dated this 27th day of September, 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 09/27/2006

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CERTIFICATE OF SERVICE
I hereby certify that on this 27th day of September, 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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