Exhibit (a)(5)(B)
DISTRICT COURT, COUNTY OF BOULDER, COLORADO
Case No. 00-CV-1359, Division 2
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MOTION FOR EXTENSION OF TIME
IN WHICH TO ANSWER OR OTHERWISE MOVE
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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.
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CERTIFICATION
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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
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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
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James C. Ruh, #927
1675 Broadway, 26th Floor
Denver, CO 80202
(303) 623-2700
Attorneys for Defendants
CERTIFICATE OF SERVICE
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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