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

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

Document 206

Filed 01/11/2006

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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, MARY, SANDRA, AARON, JASON and CHARLES Defendants. ______________________________________________________________________________ DEFENDANTS' SECOND MOTION FOR EXTENSION OF TIME TO RESPOND TO PLAINTIFF'S DISCOVERY REQUESTS ______________________________________________________________________________ COME NOW the Defendants, CMI, Kim Dempewolf, Marye Deming and Jason Coolidge, by and through counsel, and hereby submit the following Second Motion for Extension of Time to Respond to Plaintiff's Discovery Requests: 1. Due to the difficulty of telephonically communicating with Plaintiff due to his

incarceration and the necessity of timely filing this motion, the undersigned did not confer with Plaintiff pursuant to D.C. COLO.LCivR. 7.1(A) regarding the relief requested herein.

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

Document 206

Filed 01/11/2006

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2.

On December 2, 2005, Defendants received numerous discovery requests

propounded by Plaintiff dated November 25, 2005. On December 27, 2005, Defendants requested an extension of time to provide responses to Plaintiff's discovery requests. The Court granted Defendants an additional fourteen (14) days, to and including January 11, 2006, to provide their responses. 3. While Defendants' responses are near complete, Defendants request an additional

seven (7) days to provide their responses to Plaintiff's discovery requests, as the undersigned is still in the process of conferring with all four of his clients regarding their responses. 4. Defendants submit that Plaintiff will not be prejudiced by this brief seven (7)

day extension of time. Defendants note that, pursuant to the Court's Minute Order dated September 6, 2005, Plaintiff was granted an extension of thirty (30) days to respond to Defendants' discovery requests. Defendants further note that counsel for Defendant Monique Martel has recently entered his appearance, which may likely require that the parties and the Court consider amending the current Scheduling Order in order to accommodate Defendant Martel's right to discovery in this case. Respectfully submitted this 11th day of January, 2006. s/ Steven J. Wienczkowski Steven J. Wienczkowski 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

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

Document 206

Filed 01/11/2006

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CERTIFICATE OF SERVICE I hereby certify that on the 11th day of January, 2006, 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 Arkansas Valley Correctional Facility P.O. Box 1000 Crowley, Colorado 81034 Billy-George Hertzke, Esq. Senter, Goldfarb & Rice, LLC 1700 Broadway, Suite 1700 Denver, Colorado 80290

s/Laura Buckingham Laura Buckingham, on behalf of Pryor Johnson Carney Karr Nixon, P.C.

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