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

Case 1:03-cv-00097-WDM-MJW

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Filed 07/24/2006

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Case No.: 03-WM-97 (MJW)

PRAIRIELAND PROCESSORS, INC., a Colorado corporation, Plaintiff and Counterclaim Defendant, v. RIDGEFIELD FARMS, LLC, a Connecticut limited liability corporation, Defendant and Counterclaim Plaintiff, and WEST-CONN MEAT CO., INC., a Connecticut corporation, and RICHARD GREENFIELD, Counterclaim Defendants,

THIRD UNOPPOSED MOTION TO EXTEND TIME TO FILE BILL OF COSTS

Pursuant to D.C.Colo.LCivR 7.1A and Fed.R.Civ.P. 6(b), Plaintiff and Counterclaim Defendant Prairieland Processors, Inc. (Prairieland), by its undersigned counsel, submits this third unopposed motion to extend time to file Bill of Costs and requests an extension of the time for filing a Bill of Costs to July 31, 2006. follows: CERTIFICATE OF COMPLIANCE WITH D.C.COLO.LCivR 7.1.A The undersigned counsel states that he conferred with Frank Visciano, Esq., counsel for Defendants Ridgefield Farms, LLC ("Ridgefield"), West-Conn Meat Company, Inc. and Richard As grounds for this motion, Prairieland states as

Case 1:03-cv-00097-WDM-MJW

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Greenfield, concerning this Motion on July 24, 2006 and was authorized by Mr. Visciano to state that this Motion is unopposed. 1. Judgment entered in favor of Prairieland and against Defendant Ridgefield Farms,

LLC on June 13, 2006. The Judgment awarded costs to Prairieland upon filing a Bill of Costs within ten days from entry of judgment. As computed under Fed.R.Civ.P. 6(a), the last day for filing a Bill of Costs was June 27, 2006. 2. Prairieland filed the Unopposed Motion to Extend Time to File Bills of Costs on

June 27, 2006, which requested an extension to July 10, 2006. The Minute Order granting the Motion Unopposed Motion to Extend Time to File Bill of Costs was entered on June 29, 2006 and extended the time to July 10, 2006. Prairieland filed the Second Unopposed Motion to Extend Time to File Bills of Costs on July 10, 2006, which requested an extension to July 24, 2006. The Minute Order granting the Second Motion Unopposed Motion to Extend Time to File Bill of Costs was entered on July 12, 2006 and extended the time to July 24, 2006 3. Prairieland has not completed the process of compiling and reviewing records

relating to taxable costs incurred during the three-year period the case was pending. Prairieland has not completed discussions with Defendant regarding matters that may affect the prospects for collection of the judgment and additional amounts that may be taxed as costs. Prairieland remains reluctant to incur the costs of finalizing and submitting a Bill of Costs if the amounts that may be awarded are not likely to be collected. 4. In accordance with D.C.Colo.LCivR 7.1, the undersigned counsel has served this

motion upon Prairieland in the manner indicated in the Certificate of Service attached hereto.

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5.

As stated in the above Certificate of Compliance with D.C.COLO.LCivR 7.1.A,

counsel for Defendants has authorized counsel to state that this Motion is unopposed. Wherefore, Plaintiff Prairieland Processors, Inc. requests that the Court enter an Order extending the time within which Prairieland may file a Bill of Costs by to and including July 31, 2006. Respectfully submitted this 24th day of July, 2006.

s/Marcus L. Squarrell Marcus L. Squarrell David S. Stacy DUCKER, MONTGOMERY, ARONSTEIN & BESS, P.C. 1560 Broadway, Suite 1400 Denver, Colorado 80202 Telephone: (303) 861-2828 Facsimile: (303) 861-2017 Email: [email protected] [email protected] ATTORNEYS FOR PLAINTIFF AND DEFENDANT ON COUNTERCLAIMS

By:

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CERTIFICATE OF SERVICE The undersigned hereby certifies that on the 24th day of July 2006 a true and correct copy of the foregoing THIRD UNOPPOSED MOTION TO EXTEND TIME TO FILE BILL OF COSTS was filed electronically with the Clerk of the Court using the CM/ECF system which will send notification of such filing to the following email addresses: [email protected] [email protected] Frank W. Visciano, Esq. Luis A. Toro, Esq. SENN · VISCIANO · KIRSCHENBAUM · MERRICK P.C. 1801 California Street, Suite 4300 Denver, Colorado 80202 Facsimile: 303-296-9101 Via United States mail, postage prepaid, addressed to the following: Prairieland Processors, Inc. c/o Richard Jochum Beef Products, Inc. 891 Two Rivers Drive Dakota Dunes, South Dakota 57049

By:

s/Marcus L. Squarrell Marcus L. Squarrell David S. Stacy DUCKER, MONTGOMERY, ARONSTEIN & BESS, P.C. 1560 Broadway, Suite 1400 Denver, Colorado 80202 Telephone: (303) 861-2828 Facsimile: (303) 861-2017 Email: [email protected] [email protected]

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