Motion,Ex Parte: Pyramid Entertainment LLC et al v. xxxxxxx, xxxxx xxxxxx et al

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                                DISTRICT COURT, EL PASO COUNTY,
 COLORADO
 270 S. Tejon Street, Colorado Springs, CO 80903        DATE FILED: February 19, 2024 4:48 PM
                                                        FILING ID: 9CD755E1474AE
 PYRAMID ENTERTAINMENT, LLC, a Limited                  CASE NUMBER: 2023CV31638
 Liability Company and BLAIR KRISTY, an Individual
 Plaintiffs,

 v.

 xxxxx xxxxxx xxxxxxx, an Individual,
 xxxxxx xxxxxx xxxxxxxx, an Individual, and                     ▲ COURT USE ONLY ▲
 xxxx xxxxxxxxx, an Individual
 Defendants.
                                                            Case Number: 23CV31638
 Attorney for Plaintiffs:
 Samuel J. Scheurich, #46270                                Division: 8
 THE BURNHAM LAW FIRM, P.C.
 12737 E. Euclid Drive
 Centennial, CO 80111
 Phone: 303.990.5308
 Fax: 303.200.7330
 sam@burnhamlaw.com

       MOTION FOR ENLARGEMENT OF TIME TO COMPLETE SERVICE OF
         PROCESS UPON DEFENDANT xxxxxx xxxxxx xxxxxxxx

       COME NOW, Plaintiff, Pyramid Entertainment, LLC and Blair Kristy (collectively, the

“Plaintiffs”), by and through their undersigned counsel, Samuel J. Scheurich of The Burnham

Law Firm (“Burnham Law”) submits this Motion for Enlargement of Time to Complete Service

of Process Upon Defendant xxxxxx xxxxxx Clement (“Motion”), and in support therefore,

Plaintiff provide the following:

                              CERTIFICATE OF CONFERRAL

       Undersigned counsel has conferred with counsel for Defendant xxxxxxx, who takes no

position on this Motion. Defendant xxxxxxxxx did not respond prior to this Motion being filed,

and therefore his position is unknown.
                                         BACKGROUND

        1.      Plaintiffs have attempted to serve Defendant, including attempting to serve the

Complaint and accompanying documents on his family members.

        2.      Plaintiffs have diligently researched avenues to effect service through substitution

and have been unable to locate an attorney or other person to appropriately serve through

substitution.

        3.      Plaintiff Kristy has now employed a private investigator to locate the Defendant.

Plaintiff Kristy has also provided undersigned counsel with a new potential location to attempt

service.

                                      LEGAL AUTHORITY

        4.      “When by these rules or by a notice given thereunder or by order of court an act is

required or allowed to be done at or within a specified time, the court for cause shown may, at

any time in its discretion [sic] with or without motion or notice, order the period enlarged if

request therefor is made before the expiration of the period originally prescribed or as extended

by a previous order.” See C.R.C.P. 6(b).

                                           ARGUMENT

   I.        Plaintiffs should be granted an extension of time to effect service on the Defendant.

        5.      Pursuant to C.R.C.P. 6(b), the Court can, for good cause show, prior to the

expiration of the period originally prescribed, enlarge the timeframe by which Plaintiffs much

file proof of service on Defendant xxxxxx xxxxxx xxxxxxxx.

        6.      Plaintiffs have shown above, good cause for the failure to affect personal service

despite diligent efforts, and thus, Plaintiffs’ request is reasonable. Neither the Court, nor the

parties will be prejudiced by the relief sought herein.
       7.      Plaintiff respectfully request this Honorable Court allow Plaintiff an additional

thirty-five (35) days to serve Defendant xxxxxx xxxxxx xxxxxxxx.

       WHEREFORE, Plaintiff respectfully request this Honorable Court enter an Order

allowing Plaintiffs request that the Court grant an additional thirty-five (35) days to serve

Defendant xxxxxx xxxxxx xxxxxxxx, and any other relief which this Court deems necessary and

appropriate.


       Respectfully submitted this 19th day of February, 2024.

                                              THE BURNHAM LAW FIRM
                                              By:

                                              /s/ Samuel J. Scheurich (Duly Signed)
                                              Samuel J. Scheurich, #46270
                                              Attorney for Plaintiff