Free Objections - District Court of Colorado - Colorado

Case 1:03-cv-02319-WDM-MJW

Document 309

Filed 03/08/2007

Page 1 of 3

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No.: 03-CV-02319-WDM-MJW OLOYEA D. WALLIN, Plaintiff, vs. CMI, KIM DEMPEWOLF, RYAN BRADLEY, MARYE DEMING, MONIQUE M. MARTEL, and JASON COOLIDGE, Defendants. ______________________________________________________________________________ OBJECTION TO MOTION FOR SECOND EXTENSION OF TIME TO FILE OBJECTION TO MAGISTRATE JUDGE RECOMMENDATIONS ON DEFENDANT'S SUMMARY JUDGMENT ______________________________________________________________________________ COME NOW the Defendants, CMI, Kim Dempewolf, Marye Deming, Jason Coolidge and Ryan Bradley, by and through counsel, Pryor Johnson Carney Karr Nixon, P.C., and respectfully submit their Objection to Plaintiff's Motion for Second Extension of Time to File Objection to Magistrate Judge Recommendations on Defendant's Summary Judgment. On March 7, 2007, Plaintiff filed yet a second request for an enlargement of time to file an objection to Magistrate Judge Watanabe's recommendation to grant the pending summary judgment motions of the Defendants. In the second extension, Plaintiff has requested permission to file an objection on or before March 4, 2007. However, as of this filing, on March 8, 2007, Plaintiff has still failed to file a formal objection with the Court.

Case 1:03-cv-02319-WDM-MJW

Document 309

Filed 03/08/2007

Page 2 of 3

Plaintiff has shown persistent disregard for the deadlines imposed by the Court, failing to even meet his own self-imposed deadlines when asking for enlargements of time. It has now been more than five weeks since the filing of Magistrate Judge Watanabe's recommendation, and Plaintiff has failed to file an objection. These Defendants request that any objection filed at this point be deemed untimely, and disregarded. WHEREFORE, Defendants respectfully request the Court to deny Plaintiff's Motion for Second Extension of Time to File Objection to Magistrate Judge Recommendations on Defendants Summary Judgment and further request that the Court approve and adopt the Recommendation, as submitted. Dated this 8th day of March, 2007. /s/ Scott S. Nixon Scott S. Nixon Pryor Johnson Carney Karr Nixon, P.C. 5619 DTC Parkway, Suite 1200 Greenwood Village, Colorado 80111 (303) 773-3500 E-Mail: [email protected] Attorneys for CMI, Kim Dempewolf, Marye Deming and Jason Coolidge and Ryan Bradley

CERTIFICATE OF SERVICE I hereby certify that on the 8th day of March, 2007, a true and correct copy of the foregoing was filed via electronic filing, as well as placed in the U.S. Mail, postage prepaid thereon, addressed to: Oloyea D. Wallin Reg. #111389 Crowley County Correctional Facility 6564 State Highway 96 Olney Springs, CO 81062-8700

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Case 1:03-cv-02319-WDM-MJW

Document 309

Filed 03/08/2007

Page 3 of 3

Billy-George Hertzke, Esq. Senter, Goldfarb & Rice, LLC 1700 Broadway, Suite 1700 Denver, Colorado 80290 s/Deena Rippentrop Deena Rippentrop, on behalf of Pryor Johnson Carney Karr Nixon, P.C.

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