HomeMy WebLinkAbout2018CV217 - MONTGOMERY V. CHERNAK, HOWARD & BROUGH - 045 - STIPULATED MOTION FOR EXTENSION OF TIME1
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 18-cv-00217-REB-KLM
WILLIAM MONTGOMERY,
Plaintiff,
v.
MATTHEW CHERNAK,
MIKE HOWARD,
MATTHEW BROUGH.
Defendants.
______________________________________________________________________
STIPULATED MOTION FOR EXTENSION OF TIME
______________________________________________________________________
Plaintiff, by and through undersigned counsel, hereby moves the court for an
extension of time to file written objections to the Recommendation of the Magistrate
Judge (#43) (hereinafter “Recommendation”). In support, Plaintiff states as follows:
1. Pursuant to D. C. Colo. LCivR. 6.1 and 7.1, undersigned counsel has conferred
with counsel for Defendants, who do not object to the requested extension of
time.
2. Pursuant to 28 U.S.C. §636(b)(1)(C), a party may file objections to a report and
recommendations of a magistrate judge within fourteen days.
3. The Recommendation was entered on February 28, 2019. Accordingly, any
objections are currently due by March 14, 2019.
4. Plaintiff requests an extension of seven (7) days, until and including March 21,
2019 to file such objections.
5. Plaintiff has not previously requested any such extensions.
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6. This extension of time is requested to permit Plaintiff to thoroughly prepare
responses and objections to the Recommendation, which recommends dismissal
with prejudice of all claims brought by Plaintiff. Plaintiff requests a short
extension to ensure sufficient time to fully research and brief his objections, in
order to permit the district court to evaluate the seriousness of a recommendation
to prevent any and all of Plaintiff’s claims, stemming from an unlawful arrest and
prosecution, from proceeding.
7. Counsel for the Plaintiff are diligently preparing responses and objections to the
Recommendation, however have also been engaged in significant additional
matters, including trial-related preparation in the case of Martinez v. Backer, Civil
Action No. 14-cv-03305-RPM, for which a bench trial was concluded on March 4,
2019. Additionally, counsel was engaged in preparing a Reply to Defendant’s
Response to Motion to Amend Complaint, filed March 1, 2019, and is also
engaged in additional discovery-related matters prior to the currently scheduled
close of discovery of March 15, 2019 in Valenzuela v. Coleman, Civil Action No.
18-cv-00329-MSK-STV.
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WHEREFORE, Plaintiff respectfully requests a seven (7) day extension until and
including March 21, 2019 to file objections to the Recommendation.
DATED: March 12, 2019
Respectfully submitted by,
s/ Viniyanka Prasad __
Viniyanka Prasad
Civil Rights Litigation Group
1543 Champa St. #400
Denver, Colorado 80202
Telephone: (720) 515-6165
E-mail: viniyanka@rightslitigation.com
CERTIFICATE OF SERVICE
I hereby certify that on this 12th day of March, 2019 I electronically filed the
foregoing STIPULATED MOTION FOR EXTENSION OF TIME with the Clerk of the
Court using the CM/ECF systems which is expected to send notification of such filing to
the following e-mail addresses:
Thomas J. Lyons, Esq.
Christina S. Gunn, Esq.
Hall & Evans, L.L.C.
1001 17th
Street, Suite 300,
Denver, CO 80202
303-628-3300
Fax: 303-628-3368
lyonst@hallevans.com
gunnc@hallevans.com
s/ __Viniyanka Prasad________
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