Emerson v. Wembley USA Inc. Document 105: Motion for Extension of Time to File Response/Repl

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Case 1:03-cv-01793-EWN-BNB Document105 Filed 08/29/2005 Page1 of3 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Judge Edward W. Nottingham Civil Action No. 03-CV-01793-EWN-BNB PATRICIA EMERSON, Plaintiff, Va WEMBLEY USA INC.; WEMBLEY INC.; ROBERT TY HOWARD in his personal capacity; and JEFFREY GOERGEN in his personal capacity, Defendants.

PLAINTIFF’S MOTION FOR EXTENSION OF TIME TO RESPOND TO DEFENDANTS’ RENEWED MOTIONS FOR SUMMARY JUDGMENT

Plaintiff, through counsel ZUPKUS & ANGELL, P.C., hereby submits her Response To Defendants’ Third Status Report. In support thereof, Plaintiff states the following:

Ls Although Defendants, in their Third Status Report, request this Court enter an Order requiring Plaintiff to respond to Defendants’ Motion For Summary Judgment on or before September 6, 2005, Defendants have since indicated that they have no objection to an extension of time up to and including September 12, 2005. See attached Exhibit A.

Plaintiffs Response To Defendants’ Renewed Motions For Summary Judgment is currently due September 6, 2005.

Judge Lisi of the U.S. District Court For The District Of Rhode Island has scheduled a hearing pertaining to the deposition of Dan Bucci to take place on September 7, 2005. Plaintiff's counsel has scheduled a flight to leave Denver on September 6, 2005 in order to attend the September 7, 2005 hearing. Because Plaintiffs counsel is scheduled to be out of town on September 6 and 7, 2005, Plaintiff respectfully requests an extension of time up to and including September 12, 2005 in which to file her Response To Defendants’ Renewed Motions For Summary Judgment.

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Case 1:03-cv-01793-EWN-BNB Document105 Filed 08/29/2005 Page2of3

5. In Defendants’ Third Status Report, filed August 19, 2005, Defendants request this Court to enter an Order requiring Plaintiff to submit her Response To Defendants’ Motion For Summary Judgment no later than September 6, 2005. Although Plaintiff now believes that Defendants do not object to an extension of time up to and including September 12, 2005, Plaintiff would like to clarify several assertions contained within Defendants’ Third Status Report:

a.

Contained within Defendants’ Third Status Report is a statement indicating that Plaintiff was ordered by the U.S. District Court For The District Of Rhode Island to confer with Defendants regarding the scheduling of the deposition of Dan Bucci within 7 days following the verdict in the criminal case in which Mr. Bucci was a party. Defendants further allege that Plaintiff has failed to confer with them regarding the scheduling of Mr. Bucci’s deposition.

Initially, Defendants misunderstand the Order of the Rhode Island District Court. Judge Lisi made it clear during the hearing held in July 2004 and personally attended by the undersigned that the attorney for Dan Bucci, Mr. Traini, and Plaintiff's counsel were to confer within seven days after a verdict in the criminal case was reached. It makes no sense whatsoever for Plaintiff to confer with Defendants’ counsel regarding the scheduling of the deposition of Dan Bucci because Defendants have no control over Mr. Bucci and could not schedule his deposition. After Plaintiff obtained Mr. Bucci’s availability for his deposition, Plaintiff then intended to contact Defendants to clear the deposition date on their calendars. However, Plaintiff was never able to successfully reach Mr. Traini or obtain Mr. Bucci’s availability. Therefore, Plaintiff never contacted Defendants regarding potential dates for Mr. Bucci’s deposition.

Plaintiff should not be punished for Mr. Traini’s failure to return Plaintiff's calls or contact Plaintiff within 7 days after the verdict was reached.

WHEREFORE, and based on the foregoing, Plaintiff respectfully requests an extension of time up to and including September 12, 2005 in which to file her Response To Defendants’ Renewed Motions For Summary Judgment.

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Case 1:03-cv-01793-EWN-BNB Document 105 Filed 08/29/2005 Page3of3 Respectfully submitted this 29" day of August, 2005.

ZUPKUS & ANGELL, P.C.

s/ Melissa Clack Robert A. Zupkus Bradley N. Shefrin Melissa A. Clack Zupkus & Angell, P.C.

555 E. 8th Avenue Denver, Colorado 80202 Telephone: (303) 894-8948 Fax: (303) 894-0104 Email: rzupkus@zalaw.com Email: bshefrin@zalaw.com Email: mclack@zalaw.com Attorneys for Plaintiff Patricia Emerson CERTIFICATE OF SERVICE I hereby certify that on this 29" day of August 2005, I electronically filed the foregoing PLAINTIFF’S MOTION FOR EXTENSION OF TIME TO RESPOND TO DEFENDANTS’ RENEWED MOTIONS FOR SUMMARY JUDGMENT with the Clerk of Court using the CM/ECF system, which will send notification of such filing to the following e-mail addresses:

kmix@swlaw.com Kristen L. Mix, Esq.

Snell & Wilmer 1200 Seventeenth Street, Suite 1900 The Tabor Center Denver, CO 80202 Attorney for the Defendants s/ Melissa Clack FOR ZUPKUS & ANGELL, P.C.