Free Motion to Lift Stay - District Court of Colorado - Colorado

Case 1:01-cv-02313-JLK

Document 79

Filed 08/24/2007

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO

Civil action No. 1-01-cv-02313-JLK

GLN COMPLIANCE GROUP, INC., Plaintiff, v. UNITED AIRLINES, INC., d/b/a UNITED BIZJET HOLDINGS, BIZJET CHARTERS, INC., AND BIZJET SERVICES, INC., AND JONATHAN ROSS, Defendants. _____________________________________________________________________________ PLAINTIFF'S RENEWED MOTION TO LIFT STAY ______________________________________________________________________________ Plaintiff, GLN Compliance Group, Inc. ("GLN"), moves to lift the stay entered in this case and states as follows: Certificate of Compliance with D.C.Colo.L.R. 7.1A Counsel for the Movant has conferred with opposing counsel regarding this matter and opposing counsel opposes the relief sought herein. MOTION 1. On August 8, 2005, GLN filed Plaintiff's Motion to Lift Administrative Stay. In

its Motion, GLN asserted that it had the right to proceed against Defendant Jonathan Ross despite the existence of an administrative stay arising out of United's bankruptcy.

Case 1:01-cv-02313-JLK

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2.

After GLN's Motion had been briefed by the parties, this Court held a

hearing on October 13, 2005. At the conclusion of this hearing, the Court denied GLN's Motion on the basis that an indemnification agreement between Defendants Ross and United necessarily implicated the bankruptcy estate, thus requiring a stay as to all parties. 3. On January 20, 2006, the United States Bankruptcy Court for the Northern

District of Illinois entered its Order Confirming Debtors' Second Amended Joint Plan of Reorganization Pursuant to Chapter 11 of the United States Bankruptcy Code. The Plan became effective on February 1, 2006, thus allowing the administration of claims by creditors to proceed. The administration of those claims is ongoing. 4. On May 25, 2007, this Court entered an Order permitting GLN's prior counsel,

Richard O. Schroeder, to withdraw from this case. 5. After Mr. Schroeder's withdrawal, GLN retained Elizabeth A. Starrs and Daniel

A. Wartell of Starrs Mihm & Caschette LLP as its counsel. 6. Over the past few months, GLN's counsel has been communicating with counsel

for Defendants Ross and United to explore the possibility of resolving this matter short of further litigation. However, the parties have been unable to reach an agreement as to this issue. WHEREFORE, GLN requests that the Court lift the stay imposed by the court as a result of the United Bankruptcy so that GLN may continue to pursue its claims against Defendant Ross.

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Case 1:01-cv-02313-JLK

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Dated: August 24, 2007

s/ Elizabeth A. Starrs Elizabeth A. Starrs Daniel A. Wartell STARRS MIHM & CASCHETTE LLP 707 Seventeenth Street, Suite 2600 Denver, CO 80202 Telephone: 303-592-5900 Fax: 303-592-5910 [email protected] [email protected]

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Case 1:01-cv-02313-JLK

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CERTIFICATE OF SERVICE I hereby certify that on August 24, 2007, I electronically filed the foregoing with the Clerk of Court using the CM/ECF system which will send notification of such filing to the following e-mail addresses: Mark T. Barnes, Esq. Brownstein Hyatt Farber Schreck 410 17th Street, Suite 2200 Denver, CO 80202-4437 Telephone: 303-223-1100 Fax: 303-223-1111 [email protected] Stephen D. Gurr, Esq. Kamlet Shepard & Reichert LLP 1515 Arapahoe St., Tower 1, Suite 1600 Denver, CO 80202 Telephone: 303-825-4200 Fax: 303-825-1185 [email protected] Micah E. Marcus, Esq. Kirkland & Ellis LLP 200 E. Randolph Drive Chicago, IL 60601 Telephone: 312-861-2165 Fax: 312-861-2200 [email protected] s/ Elizabeth A. Starrs Elizabeth A. Starrs Daniel A. Wartell STARRS MIHM & CASCHETTE LLP 707 Seventeenth Street, Suite 2600 Denver, CO 80202 Telephone: 303-592-5900 Fax: 303-592-5910 [email protected] [email protected]

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