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3. Prior to the response deadline, counsel for Plaintiffs attempted to reach counsel for <br />DRMS to request an extension of time in which to respond to the instant motion. <br />4. Plaintiffs' counsel was able to reach DRMS's counsel on April 25, 2011, the date <br />Plaintiffs' response was due, and the parties agreed to extend the time to respond an additional week, <br />until May 3, 2011. <br />5. Plaintiffs were unable to file a Motion for Enlargement of time before the Court <br />entered its order granting the motion on April 25, 2011, the same day that Plaintiffs' response was <br />due. <br />6. Plaintiffs respectfully request that the Court set aside its Order granting Defendant <br />DMRS's Motion to Dismiss Itself as a Party Defendant so that Plaintiffs may respond to the Motion. <br />7. Plaintiffs respectfully request an enlargement of time, up to and including May 3, <br />2011, in which to file their response. Plaintiffs have been diligently working on their response, but <br />require more time due to the complexity of this action and the limited amount of case law <br />interpreting the Colorado Surface Coal Mining Reclamation Act, C.R.S. § 34 -33 -101, et seq. <br />8. Per C.R.C.P. 6(b)(2), enlargement of time sought after the expiration of a deadline <br />may be granted where the failure to act was the result of excusable neglect. "The trial court has <br />broad latitude under C.R.C.P. 6(b)(2) in permitting enlargement of time within which to file <br />responsive pleadings." People v. McBeath, 709 P.2d 38, 39 (Colo. App. 1985). <br />9. This case is in its infancy, and there will be no prejudice to any party associated with <br />this extension. <br />WHEREFORE, Plaintiffs request the Court set aside its Order granting Defendant DMRS's <br />Motion to Dismiss Itself as a Party Defendant and grant Plaintiffs an extension up to and including <br />May 3, 2011 to file their response to Defendant's Motion. <br />Submitted this 26`h day of April, 2011. <br />DUFFORD, WALDECK, MILBURN & KROHN, L.L.P. <br />[Original signature on file at the offices of Dufford, Waldeck, <br />Milburn & Krohn, LLP] <br />By: /s/ Carin Ramirez <br />Carin Ramirez, #42744 <br />Attorneys for Plaintiffs <br />