Free Motion for Leave - District Court of Colorado - Colorado

Case 1:03-cv-01654-MSK-MEH

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Filed 10/26/2005

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 03-CV-1654-MSK-OES RONAN TYNAN, an individual Plaintiff, v. THE BROADMOOR HOTEL, INC., a Colorado corporation; TUBULAR SPECIALTIES MANUFACTURING, INC., a California corporation; Defendants.

DEFENDANT BROADMOOR HOTEL'S UNOPPOSED MOTION FOR LEAVE OF THE COURT TO FILE REPLY BRIEF IN EXCESS OF TEN (10) PAGES

Defendant, THE BROADMOOR HOTEL, INC., by and through its attorneys, OVERTURF & McGATH, P.C., respectfully requests leave of the Court to file a reply brief in excess of ten pages. As grounds therefore, Defendant, The Broadmoor Hotel, Inc., states the following:

1.

Pursuant to D.C.COLO.LCivR 7.1(A), undersigned counsel represents that he

conferred with Naomi Beer, counsel for Plaintiff, and Brad Ross-Shannon, counsel for Tubular Specialties Manufacturing, Inc., who indicated that they had no objection to relief sought in this motion.

2.

Pursuant to the MSK Civ. Practice Standard V.H.3.a., replies on motions

pursuant to Fed.R. Civ.P. 56, shall not exceed ten (10) pages. However, Plaintiff raises issues in his Response brief not mentioned in Defendant's Motion for Summary Judgment, to wit:

Case 1:03-cv-01654-MSK-MEH

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spoliation of evidence, theories based in negligence per se and res ipsa loquitur and an argument based on a landowner's non-delegable duty to individuals invited onto his or her property.

3.

Because of the additional issues addressed in Plaintiff's Response to Defendant's

Motion for Summary Judgment, Defendant's Reply in Support of Motion for Summary Judgment is 14 pages in length, or 12 and one-half pages, exclusive of the caption and Certificate of Service.

4.

The granting of this request will not prejudice any party and will serve the

interests of justice.

WHEREFORE, Defendant, The Broadmoor Hotel, Inc., requests leave of the court to file a reply brief in excess of ten (10) pages. Respectfully submitted this 25th day of October, 2005. OVERTURF & McGATH, P.C.

/s/ Richard K. Rediger Original signature on file at Overturf & McGath

__________________________________________ Richard K. Rediger 625 E. 16th Avenue, Suite 100 Denver, CO 80203 303.860.2848 (ph) 303.860.2869 (fax) Attorney for Defendant The Broadmoor Hotel, Inc.

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Case 1:03-cv-01654-MSK-MEH

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CERTIFICATE OF SERVICE I hereby certify that on this 25th day of October, 2005, I electronically filed the DEFENDANT BROADMOOR HOTEL'S UNOPPOSED MOTION FOR LEAVE OF THE COURT TO FILE REPLY BRIEF IN EXCESS OF TEN (10) PAGES with the Clerk of the Court using the CM/ECF system, which will send notification of such filing to the following counsel: David G. Palmer, Esq. Brian L. Duffy, Esq. Naomi G. Beer, Esq. GREENBURG TRAURIG LLP 1200 ­ 17th Street, Suite 2400 Denver, CO 80202 Counsel for Plaintiff Bradley Ross-Shannon, Esq. Michael O. Frazier, Esq. The Ross-Shannon Law Firm, PC 12596 W. Bayaud Avenue, Suite 380 Lakewood, CO 80228 Counsel for Defendant Tubular Specialties Trish Schart

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