C150188 Legal Corespondance - Laserfiche WebLink

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Protestant alleges excusable neglect on the filing of the Protestant's Rule 6(b) Motion as follows: 1. Counsel prepared Protestant's Rule 6(b) Motion and filed it by facsimile transmission with this Court on January 3, 2006. The facsimile cover sheet and transmission verification report showing 8 pages received by the Court at the telephone number(970) 945- 8756 are attached as Exhibit 1. 2. Upon seeing the transmission verification report, Counsel believed that the Motion had been received by the Court. Counsel has previously filed many documents by facsimile transmission with the Court without any difficulty, always relying on the transmission verification report that the document had been received. All documents previously filed this way had been received on a timely basis and filed by the Court on a timely basis. 3. Upon receiving the Court's Order of January 17, 2006, Counsel spoke with the Division 5 Water Clerk who did not have a record of the filing of Protestant's Rule 6(b) Motion. Counsel also spoke with the Garfield Combined Court Clerk concerning whether a log was kept of facsimile transmissions received on January 3, 2006 and was told that if a log was kept it would have been destroyed by now. 4. Counsel was unable to determine the reason why the Motion was not received by the Court and filed properly. WHEREFORE, Protestant respectfully requests that this Court pursuant to CRCP 60 relieve the Protestant of the Order of January 17, 2006 on the grounds of excusable neglect, accept the Protestant's Rule 6(b) Motion filed with the Court on January 3, 2006,and approve the Second Amendment to Stipulation and Agreement filed by the parties on December 9, 2005 on the grounds of excusable neglect. Dated this 18th day of January, 2006. Rosemarie Heidenreich Parker Attorney for Protestant PO Box 125 Freeburg, IL 62243 Phone: (618) 539-9956 Fax: (618) 539-9954