Unopposed MOTION for Extension of Time to File Response/Reply as to [69] MOTION for Summary Judgment by Plaintiff Leprino Foods Company. (Attachments: # (1) Proposed Order (PDF Only))(Bohn, Michael)
No tags have been applied so far. Sign in to add some.
There was a problem locating the requested document.
Page 1
Case 1:03-cv-02461-MSK-MEH Document 70 Filed 08/22/2005 Page 1 of 4 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Case No. 03-cv-2461-MSK-OES LEPRINO FOODS COMPANY, Plaintiff, v.
FELDMEIER EQUIPMENT, INC.,
Defendant.
UNOPPOSED MOTION OF PLAINTIFF LEPRINO FOODS COMPANY FOR ENLARGEMENT OF TIME TO RESPOND TO DEFENDANT FELDMEIER EQUIPMENT, INC.’S MOTION FOR SUMMARY ADJUDICATION – AND – CERTIFICATE OF COMPLIANCE WITH D.C.COLO.LCivR 6.1D AND D.C.COLO.LCivR 7.1A Plaintiff Leprino Foods Company (“Leprino”), through its attorneys, Campbell Bohn Killin Brittan & Ray, LLC, respectfully moves this Court for a five (5) business day enlargement of time to and including Monday, August 29, 2005, to respond to “Defendant Feldmeier Equipment, Inc.’s Motion for Summary Adjudication” (“Summary Adjudication Motion”). As good cause for this motion, Leprino states as follows: 1.
Defendant filed its Summary Adjudication Motion on August 1, 2005. 2.
Accordingly, Leprino’s response to the Summary Adjudication Motion is currently due to be filed on or before August 22, 2005. Leprino has not previously requested an extension of time to respond to the Summary Adjudication Motion.
Page 2
Case 1:03-cv-02461-MSK-MEH 3.
Document 70 Filed 08/22/2005 Page 2 of 4 Leprino has prepared a draft of its response and supporting affidavit. Unfortunately, the individual at Leprino with personal knowledge necessary to execute the affidavit is unable to read and evaluate the affidavit until later this week due, in part, to absence from his office.
Additionally, undersigned counsel who has primary responsibility for this case, and has since its inception, had to unexpectedly defend against a motion for temporary restraining order last week in Denver District Court filed by an adversary of one of undersigned’s clients. The unanticipated hearing in Denver District Court and the unavoidable absence of Leprino personnel with whom undersigned needs to speak to finalize Leprino’s supporting affidavit resulted in the inability to complete Leprino’s response by the current deadline and properly constitute good cause for the requested enlargement of time.
4.
Because of those unavoidable circumstances, undersigned counsel needs a brief extension of time to and including August 29, 2005, within which to finalize and file Leprino’s response to the Summary Adjudication Motion.
5.
Pursuant to D.C.COLO.LCivR 7.1A, counsel for Defendant, Catherine Tallerico, was contacted before filing this motion and she has no objection to the enlargement of time requested herein.
6.
The extension will not unduly delay these proceedings or otherwise interfere with the administration of justice.
7.
Pursuant to D.C.COLO.LCivR 6.1D, a copy of this motion is being served upon Plaintiff Leprino Foods Company.
Page 3
Case 1:03-cv-02461-MSK-MEH Document 70 Filed 08/22/2005 Page 3 of 4 WHEREFORE, Plaintiff Leprino Foods Company, respectfully requests an enlargement of time to and including August 29, 2005, within which to file its response to Defendant’s Summary Adjudication Motion. A proposed form of order is filed herewith.
Respectfully submitted this 22nd day of August, 2005. CAMPBELL BOHN KILLIN BRITTAN & RAY, LLC By:
s/ Michael G. Bohn Michael G. Bohn Bret M. Heidemann 270 St. Paul Street, Suite 200 Denver, Colorado 80206 Telephone: (303) 322-3400 Facsimile: (303) 322-5800 mbohn@campbellbohn.com bheidemann@campbellbohn.com ATTORNEYS FOR PLAINTIFF LEPRINO FOODS COMPANY
Page 4
Case 1:03-cv-02461-MSK-MEH
Document 70
Filed 08/22/2005
Page 4 of 4
CERTIFICATE OF SERVICE
I hereby certify that on August 22, 2005, I electronically filed the foregoing UNOPPOSED MOTION OF PLAINTIFF LEPRINO FOODS COMPANY FOR ENLARGEMENT OF TIME TO RESPOND TO DEFENDANT FELDMEIER EQUIPMENT, INC.’S MOTION FOR SUMMARY ADJUDICATION – AND – CERTIFICATE OF COMPLIANCE WITH D.C.COLO.LCivR 6.1D AND D.C.COLO.LCivR 7.1A with the Clerk of Court using the CM/ECF system which will send notification of such filing to the following email addresses: Catherine A. Tallerico, Esq. at c_tallerico@fsf-law.com Timothy J. Flanagan, Esq. at t_flanagan@fsf-law.com and I hereby certify that I have served the document to the following non-CM/ECF participants by depositing said document in the United States mail, postage pre-paid, properly addressed to:
Jon Alby, Esq.
Leprino Foods Company 1830 W. 38th Avenue Denver, CO 80211
s/ Cori Atteberry Cori Atteberry, Legal Assistant
PDF Page 1
PlainSite Cover Page
PDF Page 2
Case 1:03-cv-02461-MSK-MEH
Document 70
Filed 08/22/2005
Page 1 of 4
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Case No. 03-cv-2461-MSK-OES
LEPRINO FOODS COMPANY,
Plaintiff,
v.
FELDMEIER EQUIPMENT, INC.,
Defendant.
UNOPPOSED MOTION OF PLAINTIFF LEPRINO FOODS COMPANY FOR
ENLARGEMENT OF TIME TO RESPOND TO DEFENDANT FELDMEIER
EQUIPMENT, INC.’S MOTION FOR SUMMARY ADJUDICATION
– AND –
CERTIFICATE OF COMPLIANCE WITH D.C.COLO.LCivR 6.1D AND
D.C.COLO.LCivR 7.1A
Plaintiff Leprino Foods Company (“Leprino”), through its attorneys, Campbell
Bohn Killin Brittan & Ray, LLC, respectfully moves this Court for a five (5) business day
enlargement of time to and including Monday, August 29, 2005, to respond to
“Defendant Feldmeier Equipment, Inc.’s Motion for Summary Adjudication” (“Summary
Adjudication Motion”). As good cause for this motion, Leprino states as follows:
1.
Defendant filed its Summary Adjudication Motion on August 1, 2005.
2.
Accordingly, Leprino’s response to the Summary Adjudication Motion is
currently due to be filed on or before August 22, 2005. Leprino has not previously
requested an extension of time to respond to the Summary Adjudication Motion.
PDF Page 3
Case 1:03-cv-02461-MSK-MEH
3.
Document 70
Filed 08/22/2005
Page 2 of 4
Leprino has prepared a draft of its response and supporting affidavit.
Unfortunately, the individual at Leprino with personal knowledge necessary to execute
the affidavit is unable to read and evaluate the affidavit until later this week due, in part,
to absence from his office.
Additionally, undersigned counsel who has primary
responsibility for this case, and has since its inception, had to unexpectedly defend
against a motion for temporary restraining order last week in Denver District Court filed
by an adversary of one of undersigned’s clients. The unanticipated hearing in Denver
District Court and the unavoidable absence of Leprino personnel with whom
undersigned needs to speak to finalize Leprino’s supporting affidavit resulted in the
inability to complete Leprino’s response by the current deadline and properly constitute
good cause for the requested enlargement of time.
4.
Because of those unavoidable circumstances, undersigned counsel needs
a brief extension of time to and including August 29, 2005, within which to finalize and
file Leprino’s response to the Summary Adjudication Motion.
5.
Pursuant to D.C.COLO.LCivR 7.1A, counsel for Defendant, Catherine
Tallerico, was contacted before filing this motion and she has no objection to the
enlargement of time requested herein.
6.
The extension will not unduly delay these proceedings or otherwise
interfere with the administration of justice.
7.
Pursuant to D.C.COLO.LCivR 6.1D, a copy of this motion is being served
upon Plaintiff Leprino Foods Company.
2
PDF Page 4
Case 1:03-cv-02461-MSK-MEH
Document 70
Filed 08/22/2005
Page 3 of 4
WHEREFORE, Plaintiff Leprino Foods Company, respectfully requests an
enlargement of time to and including August 29, 2005, within which to file its response
to Defendant’s Summary Adjudication Motion.
A proposed form of order is filed
herewith.
Respectfully submitted this 22nd day of August, 2005.
CAMPBELL BOHN KILLIN BRITTAN & RAY, LLC
By:
s/ Michael G. Bohn
Michael G. Bohn
Bret M. Heidemann
270 St. Paul Street, Suite 200
Denver, Colorado 80206
Telephone: (303) 322-3400
Facsimile: (303) 322-5800
mbohn@campbellbohn.com
bheidemann@campbellbohn.com
ATTORNEYS FOR PLAINTIFF
LEPRINO FOODS COMPANY
3
PDF Page 5
Case 1:03-cv-02461-MSK-MEH
Document 70
Filed 08/22/2005
Page 4 of 4
CERTIFICATE OF SERVICE
I hereby certify that on August 22, 2005, I electronically filed the foregoing
UNOPPOSED MOTION OF PLAINTIFF LEPRINO FOODS COMPANY FOR
ENLARGEMENT OF TIME TO RESPOND TO DEFENDANT FELDMEIER
EQUIPMENT, INC.’S MOTION FOR SUMMARY ADJUDICATION – AND –
CERTIFICATE
OF
COMPLIANCE
WITH
D.C.COLO.LCivR
6.1D
AND
D.C.COLO.LCivR 7.1A with the Clerk of Court using the CM/ECF system which will
send notification of such filing to the following email addresses:
Catherine A. Tallerico, Esq. at c_tallerico@fsf-law.com
Timothy J. Flanagan, Esq. at t_flanagan@fsf-law.com
and I hereby certify that I have served the document to the following non-CM/ECF
participants by depositing said document in the United States mail, postage pre-paid,
properly addressed to:
Jon Alby, Esq.
Leprino Foods Company
1830 W. 38th Avenue
Denver, CO 80211
s/ Cori Atteberry
Cori Atteberry, Legal Assistant
4
Third party AI contribution in government documents
Possible
Document content is reproduced directly from government sources. Some filings in our database may themselves contain AI-generated content submitted by third parties to government agencies.
Back to 
