EX-99.1 2 0002.txt EXHIBIT A5B, MOTION FOR EXTENSION Exhibit (a)(5)(B) DISTRICT COURT, COUNTY OF BOULDER, COLORADO Case No. 00-CV-1359, Division 2 -------------------------------------------------------------------------------- MOTION FOR EXTENSION OF TIME IN WHICH TO ANSWER OR OTHERWISE MOVE -------------------------------------------------------------------------------- M. DEAN BRIGGS, on Behalf of Himself and All Other similarly Situated, Plaintiff, v. BI INCORPORATED; DAVID J. HUNTER; WILLIAM E. COLEMAN; MCKINLEY C. EDWARDS, JR.; BEVERLY J. HADDON; JEREMY N. KENDALL; PERRY M. JOHNSON; BARRY J. NIDORF; and BYAM K. STEVANS, JR., Defendants. -------------------------------------------------------------------------------- CERTIFICATION ------------- Counsel for Defendant BI Incorporated certifies that he has conferred with counsel for Plaintiff and Plaintiff's counsel stated that he has no objection to a twenty (20) day extension to and including October 2, 2000. MOTION ------ Defendant BI Incorporated, by and through its undersigned counsel, hereby moves the Court for an extension of twenty (20) days to and including October 2, 2000, in which to answer or otherwise move in response to Plaintiff's Class Action Complaint And Jury Demand. As grounds for this Motion, Defendants state as follows: 1. Defendants' answer or other responsive pleading to Plaintiff's Class Action Complaint And Jury Demand is currently due on September 11, 2000. 2. No previous extensions have been requested. 3. Due to previously scheduled commitments in separate matters, the undersigned needs additional time to become familiar with this matter and to properly evaluate Plaintiff's claims. 4. An extension to and including October 2, 2000, will not prejudice any party, nor affect the trial date. WHEREFORE, for the reasons stated above, Defendants respectfully request a twenty (20) day extension to and including October 2, 2000, in which to file their Answer or other responsive pleading in this case. Respectfully submitted this 1st day of September, 2000. IRELAND, STAPLETON, PRYOR & PASCOE, P.C. By /s/ James C. Ruh ---------------------------------------------- James C. Ruh, #927 1675 Broadway, 26th Floor Denver, CO 80202 (303) 623-2700 Attorneys for Defendants CERTIFICATE OF SERVICE ---------------------- I hereby certify that on this 1st day of September, 2000, a true and correct copy of the foregoing MOTION FOR EXTENSION OF TIME IN WHICH TO ANSWER OR OTHERWISE MOVE was mailed via U.S. first class mail, postage pre-paid to the following: Robert J. Dyer III, Esq. Kip B. Shuman, Esq. Dyer & Shuman, LLP 801 East 17th Avenue Denver, CO 80218-1417 Marc A. Topaz, Esq. Gregory M. Castaldo, Esq. Schiffrin & Barroway, LLP Three Bala Plaza East, Suite 400 Bala Cynwyd, PA 19004 Cauley & Geller, LLP One Boca Place 2255 Glades Road, Suite 421A Boca Raton, Florida 33431