Free Motion to Vacate - District Court of Colorado - Colorado

Case 1:01-cv-02163-BNB-MEH

Document 211

Filed 09/30/2006

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Case No. 01-CV-02163-BNB-MEH SIERRA CLUB and MINERAL POLICY CENTER, Plaintiffs, v. El PASO GOLD MINES, INC. (a.k.a., EL PASO PROPERTIES, INC.) Defendant. ______________________________________________________________________________ UNOPPOSED MOTION TO VACATE SETTLEMENT CONFERENCE SET FOR OCTOBER 27, 2006 ______________________________________________________________________________

Plaintiffs Sierra Club and Mineral Policy Center (also known as Earthworks) hereby file this Unopposed Motion to Vacate Settlement Conference Set for October 27, 2006. In support, Plaintiffs state as follows: I. 1. BASIS FOR MOTION

This Court set a settlement conference for October 27, 2006. Settlement letters

must be filed with the Court and exchanged between the parties by October 20, 2006. The parties specifically sought a settlement conference for a date after the scheduled Rule 702 Daubert hearings--which were scheduled to occur beginning October 3, 2006. 2. On September 27, 2006 this Court vacated the October 3, 2006 Daubert hearings,

the October 12, 2006 Final Pretrial Conference, the October 17, 2006 Final Trial Preparation Conference, and the trial set to commence on October 30, 2006. [#210]. 1

Case 1:01-cv-02163-BNB-MEH

Document 211

Filed 09/30/2006

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3.

Plaintiffs request that the October 27, 2006 settlement conference be vacated

because it is no longer timely given that all trial deadlines have been vacated. The parties believe that a settlement conference will not be productive until after the parties receive a ruling on the pending Rule 702 Daubert motions. Accordingly, the Plaintiffs move this Court to vacate the October 27, 2006 settlement conference. The parties may seek to re-schedule a settlement conference after they receive a ruling on the pending Rule 702 Daubert motions. II. CERTIFICATION OF COMPLIANCE WITH LOCAL RULE 7.1A The undersigned certifies that he consulted with Defendant's counsel and Defendant does not oppose this Motion.

Respectfully submitted by, September 30, 2006 s/ John Barth _________________________ John M. Barth, #22957 Attorney at Law P.O. Box 409 Hygiene, CO 80533 (303) 774-8868 Roger Flynn, Esq. # 21078 Jeffrey C. Parsons, Esq. #30210 WESTERN MINING ACTION PROJECT 2260 Baseline Road, Suite 101A Boulder, CO 80302 (303) 473-9618 COUNSEL FOR PLAINTIFFS

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Case 1:01-cv-02163-BNB-MEH

Document 211

Filed 09/30/2006

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CERTIFICATE OF SERVICE I do hereby certify that on this 30thth day of September 2006 a true and accurate copy of PLAINTIFFS' MOTION TO VACATE SETTLEMENT CONFERENCE SET FOR OCTOBER 27, 2006 was filed with the Electronic Case Filing system which is then to serve the same on the following by electronic means: Steve Harris Merrill Anderson & Harris 20 Boulder Crescent Colorado Springs, CO 80903-3300 [email protected] Connie King Law Firm of Connie King, LLC 4711 Constitution Ave. Colorado Springs, CO 80915 [email protected] s/ John Barth __________________________ John Barth

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