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

Case 1:03-cv-00281-WDM-MJW

Document 351

Filed 08/22/2006

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 03-cv-281-WDM-MJW OLOYEA D. WALLIN, Plaintiff, v. MR. ALFARO, MR. BURK, MR. R. SATTERLY, MS. GANSEMER, MS. MILLER, Defendants. ______________________________________________________________________________ SECOND UNOPPOSED MOTION FOR EXTENSION OF TIME TO FILE STIPULATION FOR DISMISSAL ______________________________________________________________________________ Defendants Charles Alfaro, Jerod Burk, Robbie Satterly, Kay Gansemer, and Pam Miller, by and through counsel, Jennifer L. Veiga, Esq. and Edmund M. Kennedy, Esq. of Hall & Evans, L.L.C., hereby submit this Second Motion for Extension of Time to File Stipulation for Dismissal, and as grounds therefore, state as follows: 1. Pursuant to this Court's Minute Entry for Settlement Conference dated July 19,

2006, the parties were to file a stipulation or motion to dismiss with prejudice on or before July 31, 2006. 2. Due to scheduling and other issues, including delays caused by Plaintiff's

incarceration within the Colorado Department of Corrections, the parties sought and received an

Case 1:03-cv-00281-WDM-MJW

Document 351

Filed 08/22/2006

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extension of time due to complete the necessary documentation in order to provide this Court with a stipulated motion to dismiss with prejudice up to and including August 22, 2006. 3. Plaintiff's counsel, John A. McNamara, Esq., has reviewed the settlement

documents and has informed the undersigned that such documents were deemed acceptable and that Mr. McNamara forwarded them to Plaintiff on August 14, 2006. Due to Plaintiff's

incarcerated within the Colorado Department of Corrections, Mr. McNamara has yet to receive the settlement documents from Plaintiff but anticipates receiving them within the next ten days, or, at a minimum, obtaining permission from Plaintiff to file the Stipulated Motion to Dismiss. 4. Due to the upcoming Labor Day weekend, the undersigned will not be in town the

weekend of September 1, 2006, requiring that the deadline for submitting the Stipulated Motion to Dismiss will need to be after that weekend to ensure no further extensions are required. 5. Accordingly, the parties request a second extension of time up to and including

September 6, 2006 in which the file the Stipulated Motion to Dismiss. 6. This additional short extension of time will not prejudice any party or this Court.

No previous extensions have been requested. 7. Pursuant to D.C.Colo.LCivR 7.1(A), the undersigned has conferred with Mr.

McNamara concerning this Motion and has been told that Plaintiff does not oppose this Motion. 8. Pursuant to D.C.Colo.LCivR 6.1(D), a copy of this Motion has been served on

Defendants, as indicated on the certificate of mailing.

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Case 1:03-cv-00281-WDM-MJW

Document 351

Filed 08/22/2006

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WHEREFORE, for all the foregoing reasons, Defendants respectfully requests this Court enter an Order allowing up to and including September 6, 2006, in which to submit a stipulated motion to dismiss with prejudice. Dated this 22nd day of August 2006. Respectfully submitted, s/ Edmund M. Kennedy____ Jennifer L. Veiga, Esq. Edmund M. Kennedy, Esq. HALL & EVANS, L.L.C. 1125 17th Street, Suite 600 Denver, CO 80202-5800 (303) 628-3300 [email protected] [email protected] ATTORNEYS FOR DEFENDANTS

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Case 1:03-cv-00281-WDM-MJW

Document 351

Filed 08/22/2006

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CERTIFICATE OF SERVICE (CM/ECF) I hereby certify that on this 22nd day of August 2006, 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: John A. McNamara [email protected]

and I hereby certify that I have mailed or served the document or paper to the following non CM/EFC participants in the manner indicated by the non-participant's name: Defendants c/o Kelly Atwood Corrections Corporation of America 10 Burton Hills Blvd. Nashville, Tennessee 37215 s/ Marlene Wilson Secretary to Jennifer L. Veiga, Esq. Edmund M. Kennedy, Esq. Hall & Evans, L.L.C. 1125 17th Street, Suite 600 Denver, CO 80202-2052 303-628-3300 Fax: 303-293-3238 [email protected] [email protected] ATTORNEYS FOR DEFENDANTS

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