Free Motion for Extension of Time to File - District Court of Delaware - Delaware

Case 1:04-cv-O1380—Gl\/IS Document 42 Filed O3/28/2005 Page 1 of 2 9
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
) Chapter 11
- )
I" ‘"°‘ ) case N0. 00-1982 (GMS)
)
GST TELECOM INC" 91 -2}-L’ ) Jointly Administered
Debtors. )
)
)

)
GST TELECOM INC., g gg, )
) Civil Docket No. 04-CV-1380
Counterplaintiffs, )
)
v. )
)
JOHN WARTA, )
)
Counterdefendant. )
AGREED MOTION FOR EXTENSION OF TIME
GST Telecom Inc. and the other debtors and debtors—in—possession in the above
captioned cases (the "Debtors") hereby move the Court for an extension of time to file their
response to Claimant John Wa1ta’s ("Warta") motion for summary judgment. In support of their
motion, which is unopposed by Warta, Debtors state as follows:
l. Pursuant to the Case Management Order signed by the Court on December
9, 2004 (the "Order”), the deadline for filing dispositive motions was March l5, 2005. The
Order provided for the briefing on dispositive motions to occur pursuant to the Court’s Local
Rules. Warta tiled a motion for summary judgment on March 15, 2005. Under the Court’s
Local Rules the Debtors have until March 29, 2005 to file their response.
581506vl

Case 1:04-cv-O1380—G|\/IS Document 42 Filed O3/28/2005 Page 2 of 2 9
2. The Debtors hereby seek a brief one-week extension of the deadline to file
their response brief. Accordingly, the Debtors would have until April 5, 2005 to file their
response to John Warta’s Motion for Partial Summary Judgment Regarding Counts I-IV of
GST’s Amended Counterclaim. Warta does not oppose the present motion.
WHEREFORE, the Debtors request that its time to respond to Warta°s motion be
extended as set forth above.
Wilmington, Delaware
Date: March 28, 2005
Steven M er (No. 3885)
Christopher A. Ward (No. 3877)
THE BAYARD FIRM
222 Delaware Avenue, Suite 900
P.O. Box 25130
Wilmington, Delaware 19899
(302) 655-5000
-3_nd..
David S. Heller
William J. Gibbons
Josef S. Athanas
Michael J. Paris
Danielle S. Kemp
LATHAM & WATKIN S LLP
Suite 5800 Sears Tower
233 South Wacker Drive
Chicago, Illinois 60606
(312) 876-7700
Attorneys for the Debtors
581506vl 2