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

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

Document 145

Filed 10/19/2005

Page 1 of 4

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.

JOINT MOTION FOR EXTENSION OF TIME TO FILE PROPOSED JURY INSTRUCTIONS AND JURY VERDICT FORMS

The parties, Plaintiff, RONAN TYNAN, and Defendants, THE BROADMOOR HOTEL, INC., and TUBULAR SPECIALTIES MANUFACTURING, INC., by and through their respective counsel, respectfully request an extension of time to and including Monday, October 24, 2005, within which to jointly submit proposed jury instructions and jury verdict forms. As grounds therefore, the Parties state the following: 1. Pursuant to February 9, 2004 Amended Trial Preparation Order, no later than

twenty days prior to the November 8, 2005 Final Trial Preparation Conference, or by October 19, 2005, the Parties are to jointly submit several documents, including proposed jury instructions and verdict forms. 2. The Parties have been cooperating in as diligent a manner as possible with

respect to the joint submittals as required by the Amended Trial Preparation Order. As is customary, the Plaintiff provided the initial set of jury instructions and verdict forms. In spite of the Parties best efforts, these jury instructions and verdict forms were transmitted to the Defendants after the close of business on October 18, 2005. Thus, Defendants were unable to

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

Document 145

Filed 10/19/2005

Page 2 of 4

review the proposed jury instructions and verdict forms until October 19, 2005. The Defendants will need additional time to prepare their proposed jury instructions and verdict forms and the Parties will need additional time to prepare their joint submission of jury instructions and verdict forms. 3. Notwithstanding the request made herein, Plaintiff will file his proposed jury

instructions and verdict form today. 4. Granting this brief extension will not prejudice any party or delay trial in this

matter, and will serve the interests of justice. WHEREFORE, the Parties request an extension of time, to and including October 24, 2005, within which to jointly submit proposed jury instructions and jury verdict forms.

2

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

Document 145

Filed 10/19/2005

Page 3 of 4

Respectfully submitted this 19th day of October, 2005. GREENBERG TRAURIG, LLP /s/ Brian Duffy Original signature on file at Greenberg, Traurig

__________________________________________ Brian Duffy 1200-17th Street, Suite 2400 Denver, CO 80202 303-527-6500 (ph) Attorney for Plaintiff 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. THE ROSS-SHANNON LAW FIRM PC /s/ Bradley Ross-Shannon Original signature on file at the Ross-Shannon Law Firm __________________________________________ Bradley Ross-Shannon 12596 W. Bayaud Avenue, Suite 380 Lakewood, CO 80228 303.988-9500 (ph) Attorney for Defendant Tubular Specialties Manufacturing, Inc.

3

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

Document 145

Filed 10/19/2005

Page 4 of 4

CERTIFICATE OF SERVICE I hereby certify that on this 19th day of October, 2005, I electronically filed the JOINT MOTION FOR EXTENSION OF TIME TO FILE JURY INSTRUCTIONS, DEPOSITION DESIGNATIONS AND JURY VERDICT FORMS 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

4