Free Response to Motion - District Court of Colorado - Colorado

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

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Filed 09/20/2005

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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' OBJECTION TO PLAINTIFF'S MOTION FOR EXTENSION OF TIME TO FILE ADDRESSES FOR UNSERVED DEFENDANTS ______________________________________________________________________________ COME NOW the Defendants, CMI and Kim Dempewolf, by and through counsel, and hereby submit the following Objection to Plaintiff's Motion for Extension of Time to File Address for Unserved Defendants: 1. Plaintiff has named several Defendants in his lawsuit. To date, successful service has

been accomplished on CMI, Kim Dempewolf, and Marye Deming. The Court originally scheduled a Show Cause Hearing relating to service on the remaining Defendants for July 26, 2005. The Court continued the Show Cause Hearing to August 26, 2005, in order for the U.S. Marshall Service to

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

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accomplish service. On August 26, 2005, the Court again continued the Show Cause Hearing until September 21, 2005. The Court also ordered Plaintiff to supply updated addresses for Defendants Ryan Bradley and Aaron Cherino by September 9, 2005. Plaintiff now requests an additional 30 days to supply this information to the Court. 2. Defendants provided the last known addresses in camera of the unserved Defendants

on June 20, 2005. Defendants understand that some of the delay in getting these remaining Defendants served is not due to the fault of the Plaintiff. However, to the extent the U.S. Marshall Service needs additional information to effectuate service, Defendants submit that Plaintiff has had ample opportunity to supply this information. Defendants note that there are numerous scheduling deadlines in this case which may need to be reevaluated if Plaintiff is afforded another extension to serve the remaining Defendants. 3. Defendants respectfully request that Plaintiff's motion be denied and the case

proceed as to the Defendants who have been properly served. Respectfully submitted this 20th day of September, 2005.

s/ Steven J. Wienczkowski Scott S. Nixon 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] E-Mail: [email protected] ATTORNEYS FOR CMI AND KIM DEMPEWOLF

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

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CERTIFICATE OF MAILING I hereby certify that on the 20th day of September, 2005, a true and correct copy of the foregoing was 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

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

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