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

Case 1:03-cv-02073-WDM-KLM

Document 198

Filed 12/22/2005

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 03-WM-2073 (PAC) ROBERTA PULSE, TONYA HOUSE, Plaintiffs v. THE LARRY H. MILLER GROUP, Defendant

DEFENDANT'S MOTION FOR EXTENSION OF TIME TO FILE JURY INSTRUCTIONS

Pursuant to D.C.COLO.LCiv.R. 6.1B, Defendant, by and through its counsel, Holland & Hart, LLP, and Judith Holmes & Associates, LLC, respectfully request that the Court grant it an additional nine hour extension of time in which to file its proposed jury instructions. In further support of the Motion, Defendant states as follows: 1. The Parties have sought and received two extensions of time to file proposed jury instructions in part because of the recent entry of Holland & Hart into this case. The Parties' joint set of jury instructions was due on December 21, 2005. 2. During the past week, the Parties have been diligently working to compile a single proposed set of jury instructions and objections that conform to the Court's trial procedures memorandum. For efficiency's sake, the undersigned and Plaintiff's counsel have corresponded routinely by e-mail and phone conference.

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Case 1:03-cv-02073-WDM-KLM

Document 198

Filed 12/22/2005

Page 2 of 5

3. Due to the press of completing submissions required for the upcoming Trial Preparation Conference and a submission concerning mandatory disqualification, however, the undersigned was unable to meet with opposing counsel at 5:30 p.m. on December 21 (as planned) but contacted her at 6:20 p.m., within the period scheduled for their conference. 4. Opposing counsel did not respond until nearly 8:00 p.m., and then only after e-filing with the Court a separate set of instructions that did not conform to the Court's trial procedures. 5. Nevertheless, the undersigned renewed his previous offer to work together with opposing counsel to finalize a joint submission of jury instructions in order to save time that the Parties likely will have to spend to produce a joint set of instructions. Plaintiff refused to respond. Accordingly, Defendant has been required to restyle its instructions, necessitating the expenditure of additional time that could have been spent resolving with Plaintiffs' counsel issues relating to the jury instructions. 6. Defendant will complete and file its proposed jury instructions as soon as possible and certainly not later than the Trial Preparation Conference at 9 a.m. on December 22. 7. As to this Motion, the undersigned's staff was been unable to obtain a connection to the Court's e-filing system. Defendant was able to file one document through co-counsel's use of his private ISP. Moments ago, using a different computer, the undersigned was able successfully to access Court's e-filing system. As a result, Defendant is filing this Motion on December 22, instead of December 21, as intended.

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Case 1:03-cv-02073-WDM-KLM

Document 198

Filed 12/22/2005

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Defendant respectfully requests that the Court to permit this motion to be filed out of time as a result of these technical difficulties. 8. D.C.COLO.LCivR. 7.1A Certification: On December 21, when it became apparent that Defendant's separate submission of instructions would not be complete by midnight, the undersigned contacted opposing counsel to confer about her position concerning this Motion. As of the time of this filing, however, Defendant's counsel had not heard back from opposing counsel about her position. 9. D.C.COLO.LCivR 7.1D Certification: The undersigned has provided a copy of this Motion to Defendant. WHEREFORE, Defendant respectfully requests that this Court enter an Order in the form attached to provide Defendant with an additional nine (9) hours in which to file its jury instructions. DATED: December 22, 2005. s/ Christopher M. Leh Christopher M. Leh HOLLAND & HART LLP 1800 Broadway, Suite 300 Boulder, CO 80302 Telephone: 303-473-2700 Fax: 303-473-2720 E-mail: [email protected] Steven M. Gutierrez HOLLAND & HART LLP 555 Seventeenth St., Suite 3200 Denver, CO 80202 Telephone: 303-295-8000 Fax: 303-295-8261 E-mail: [email protected]

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Case 1:03-cv-02073-WDM-KLM

Document 198

Filed 12/22/2005

Page 4 of 5

Judith Holmes JUDITH HOLMES & ASSOCIATES, LLC 7887 E. Belleview Suite 1100 Englewood, CO 80111 Telephone: 303-228-2267 Facsimile: 303-781-6877 Email: [email protected] ATTORNEYS FOR DEFENDANT

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Case 1:03-cv-02073-WDM-KLM

Document 198

Filed 12/22/2005

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CERTIFICATE OF SERVICE

I hereby certify that on December 22, 2005, 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: Kimberlie K. Ryan, [email protected] Whitney Traylor, [email protected] Judy Holmes, [email protected] Steven M. Gutierrez; [email protected]
In addition, pursuant to D.C.COLO.LCivR. 6.1(D), the undersigned has provided a copy of this Motion to Defendant at the following e-mail address: Robert Tingey [email protected]

s/ Christopher M. Leh

3493441_1.DOC

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