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

Case 1:01-cv-02313-JLK

Document 61

Filed 08/08/2005

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil action No. 01-K-2313 (CBS) GLN COMPLIANCE, 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 MOTION TO LIFT ADMINISTRATIVE STAY Plaintiff, GLN Compliance Group, Inc. (GLN) moves to reopen this case stating as follows: Certificate of Compliance with D.C.Colo.L.R. 7.1A In compliance with the Court's Minute Order dated February 8, 2005, plaintiff's counsel conferred with defendants' counsel Mark Barnes and Stephen Gurr. Mr. Barnes represents defendant United airlines, Inc. (United). All claims against United are still subject to the bankruptcy stay. Mr. Barnes objected to reopening this case, stating that the reasons for

administratively closing the case continue to exist. Mr. Gurr represents defendant Jonathan Ross (Ross). Mr. Gurr also stated he opposed any effort to reopen this matter against Mr. Ross as long as United remains subject to bankruptcy

Case 1:01-cv-02313-JLK

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protection. The parties were unable to arrive at a mutual solution to reopening the case. Mr. Gurr and Mr. Barnes believe that reopening the case impermissibly violates the bankruptcy stay. MOTION TO LIFT ADMINISTRATIVE STAY 1. Plaintiff GLN filed its First Amended Complaint in this matter on August 1, 2002.

On December 18, 2002, United filed bankruptcy and the case was stayed. On April 9, 2003, the Court ordered that this matter shall be administratively closed. 2. GLN anticipated that United would emerge from bankruptcy within a year.

However, United remains in bankruptcy and likely will continue there for the near future. 3. Plaintiff intends to proceed against Defendant Ross. Plaintiff may also amend its

Complaint to add causes of action against individual defendants. Plaintiff anticipates filing the appropriate motions after the court's order lifting the stay. 4. Plaintiff desires to reopen the case to proceed against defendants not subject to the

bankruptcy stay because it is prejudiced by having its case stayed for over two years. In all likelihood, the case will continue to be stayed for some time. prejudices GLN. During that time, the stay

GLN is left without redress for torts committed against it, and as time

progresses it will become more difficult for discovery to occur, as memories fade, and witnesses become unavailable. Furthermore, applicable statues of limitations may expire during the

abeyance of this matter. 5. Plaintiff is not requesting that the court permit proceedings against entities subject

to the bankruptcy stay. Thus, United and related entities have no standing to object to reopening this case.

Case 1:01-cv-02313-JLK

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WHEREFORE, Plaintiff requests that his Court reopen this matter as to Defendant, Jonathan Ross, an any other defendants not subject to a bankruptcy stay. Dated: 8 August 2005. Respectfully Submitted s/ Richard O. Schroeder Richard O. Schroeder, #27616 Counselor At Law 8920 South Barrons Blvd., Suite 105 Highlands Ranch, Colorado 80129 Telephone: 303.683.3691 Facsimile: 303.683.4493 E-mail: [email protected] Attorney for Plaintiff CERTIFICATE OF SERVICE I certify that I electronically filed the foregoing with the Clerk of Court using the CM/ECF system which will send notification of such filing to: Mark Barnes, Esq. Brownstein Hyatt & Farber, P.C. 410 17th Street, 22nd Flr. Denver, CO 80202 [email protected] Dated: 8 August 2005. Stephen D. Gurr, Esq. Elzi, Pringle & Gurr 950 17th Street, Suite 1875 Denver, CO 80202 [email protected] s/ Richard O. Schroeder Richard O. Schroeder, #27616 Counselor At Law 8920 South Barrons Blvd., Suite 105 Highlands Ranch, Colorado 80129 Telephone: 303.683.3691 Facsimile: 303.683.4493 E-mail: [email protected] Attorney for Plaintiff