Video Professor, Inc. v. McGrath - Document No. 5
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Case 1:07-cv-01485-JLK Document 5 Filed 08/03/2007 Page 1 of 3
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No.: 07-CV-01485-JLK-BNB
VIDEO PROFESSOR, INC., a Colorado corporation,
Plaintiff,
v.
HARRY (“SKIP”) E. MCGRATH, an individual,
Defendant.
UNOPPOSED MOTION FOR EXTENSION
OF TIME TO FILE RESPONSIVE PLEADING
Defendant, Harry “Skip” E. McGrath, by his undersigned counsel, pursuant to
D.C.Colo.LCivR 6.1(B), hereby requests a 20-day extension of time, through August 22, 2007,
to respond to Plaintiff’s Complaint. In support hereof, Defendant states as follows:
Certification Pursuant to D.C.COLO.L.Civ.R. 7.1: Counsel for Defendant hereby
certifies that an attorney in his office has orally conferred with counsel for Plaintiff. Plaintiff
does not oppose granting the relief requested herein.
1. Plaintiff’s Complaint was filed on July 13, 2007, and served on Defendant on that
date as well. Defendant’s Answer or other responsive pleading was due to be served on
August 2, 2007.
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Case 1:07-cv-01485-JLK Document 5 Filed 08/03/2007 Page 2 of 3
2. Defendant does not reside in Colorado, and has only recently retained counsel. In
addition, the parties have been engaging in serious discussions in an effort to resolve their
disputes, such that it may not be necessary for Defendant to respond formally to the Complaint.
3. Accordingly, Defendant requests that he be given an additional 20 days to file an
Answer or to otherwise respond to the Complaint.
4. Plaintiff does not oppose granting the relief requested herein, and no party would
be prejudiced by granting the relief requested, given the modest length of time that has been
requested for the extension, and given that this case is in its infancy.
5. In accordance with Rule 6.1(d), Defendant is being served with a copy of this
Motion.
WHEREFORE, Defendant respectfully requests an extension of time, to and including
August 22, 2007, in which to file an Answer or to otherwise respond to the Complaint.
Respectfully submitted this 3rd day of August, 2007.
FOSTER GRAHAM MILSTEIN MILLER
& CALISHER LLP
By: s/ Stephen A. Fermelia
Michael G. Milstein, Reg. No. 23833
Stephen A. Fermelia, Reg. No. 33713
621 Seventeenth St., 19th Fl.
Denver, CO 80293
(303)333-9810
Attorney for Defendant Harry “Skip” S. McGrath
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Case 1:07-cv-01485-JLK Document 5 Filed 08/03/2007 Page 3 of 3
CERTIFICATE OF SERVICE
I hereby certify that on this 3rd day of August, 2007, I electronically filed the foregoing
UNOPPOSED MOTION FOR EXTENSION OF TIME TO FILE A RESPONSIVE
PLEADING with the Clerk of Court using the CM/ECF system, which will send notification of
such filing to the email address of the following attorney, and a copy of this Motion was also
served via electronic mail upon Defendant:
Gregory C. Smith, Esq.
Fairfield and Woods, P.C.
1700 Lincoln St., Suite 2400
Denver, CO 80203
[email protected]
Counsel for Plaintiff
Harry “Skip” E. McGrath
3818 Sutton Place
Anacortes, WA 98221
[email protected]
Defendant
s/ Peggy S. Wells
Peggy S. Wells
621 Seventeenth St., 19th Fl.
Denver, CO 80293
Phone: (303)333-9810
Fax: (303)333-9786
Email: [email protected]
