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

Case 1:04-cr-00103-REB

Document 773

Filed 06/22/2006

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO

Criminal Action No 04-cr-00103-REB UNITED STATES OF AMERICA Plaintiff, v. 1. NORMAN SCHMIDT, 2. GEORGE ALAN WEED, 3. PETER A.W. MOSS, 4. CHARLES LEWIS, 5. JANNICE McLAIN SCHMIDT, 6. MICHAEL SMITH, and 7. GEORGE BEROS, Defendants. _____________________________________________________________________ GOVERNMENT'S MOTION FOR EXTENSION OF TIME TO RESPOND _____________________________________________________________________ The Government, by Wyatt Angelo and Matthew T. Kirsch, the undersigned Assistant United States Attorneys, hereby moves for an extension of time to respond to the Motion to Show Cause Why the U.S. Government Should Not Be Required to Remove All Instances of the Use of the Name Tim Richardson, and for Injunctive and Other Relief [Doc. # 760] and the Motion to Show Cause Why the U.S. Government Should Not Be Required to Remove All Instances of the Use of the Name John Schlabach, and for Injunctive and Other Relief [Doc. # 763]. In support, the government says: 1. The motions at issue were filed on May 25, 2006, and June 1, 2006, respectively. The motions are grounded on claims that the movants' due

Case 1:04-cr-00103-REB

Document 773

Filed 06/22/2006

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process rights were violated when they were named in a previous pleading in this case. 2. On June 6, 2006, the movants, Tim Richardson and John Schlabach, filed a civil case in the United States District Court, Eastern District of Washington, case number CV-06-164-RHW, against, inter alia, AUSA Matthew Kirsch and AUSA Wyatt Angelo. Both AUSAs Kirsch and Angelo are named as defendants in their personal capacities. The suit alleges that the movants' civil rights, specifically their due process rights, were violated when they were named in a previous pleading in this case. AUSAs Kirsch and Angelo are being represented in the Washington case by an AUSA in the U.S. Attorney's Office for the Eastern District of Washington. The Washington AUSA was assigned to the Washington case this week. 3. The potential overlap between the motions in this case and the Washington case requires consultation between the two U.S. Attorney's Offices. The process of consulting and then preparing a response will likely take several weeks. 4. Without acknowledging any merit to the motions at issue, any additional harm of the type claimed by the movants caused by an approximately three-week delay would be negligible, given that the movants' complaint concerns a document that was filed approximately one-and-a-half years ago. THEREFORE, the government requests that the Court grant an extension of time to respond to the Motion to Show Cause Why the U.S. Government Should Not Be Required to Remove All Instances of the Use of the Name Tim Richardson, and for Injunctive and Other Relief [Doc. # 760] and the Motion to Show Cause Why the U.S. 2

Case 1:04-cr-00103-REB

Document 773

Filed 06/22/2006

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Government Should Not Be Required to Remove All Instances of the Use of the Name John Schlabach, and for Injunctive and Other Relief [Doc. # 763] until July 14, 2006. Respectfully submitted this 22nd day of June, 2006, WILLIAM J. LEONE United States Attorney District of Colorado

s/ Matthew T. Kirsch WYATT ANGELO MATTHEW T. KIRSCH Assistant U.S. Attorneys 1225 17th Street, Suite 700 Denver, CO 80202 Telephone: (303) 454-0100 Facsimile: (303) 454-0402 Email: [email protected]

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Case 1:04-cr-00103-REB

Document 773

Filed 06/22/2006

Page 4 of 4

CERTIFICATE OF SERVICE I certify that on the 22nd day of June, 2006, I electronically filed the foregoing with the Clerk of Court using the CM/ECF system which will send notification of such filing to the following e-mail addresses: Peter Bornstein, Esq. [email protected] Thomas Hammond, Esq. [email protected] Declan J. O'Donnell, Esq. [email protected] Ronald Gainor, Esq. [email protected] John Schlabach [email protected] Daniel T. Smith, Esq. [email protected] Tomas Goodreid, Esq. [email protected] Mitchell Baker, Esq. [email protected] Tim Richardson [email protected]

s/ Matthew T. Kirsch WYATT ANGELO MATTHEW T. KIRSCH Assistant U.S. Attorneys 1225 17th Street, Suite 700 Denver, CO 80202 Telephone: (303) 454-0100 Facsimile: (303) 454-0402 Email: [email protected]

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