Free Motion to Continue - District Court of Colorado - Colorado

Case 1:01-cv-01854-LTB-BNB

Document 140

Filed 05/23/2008

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 1:01-cv-1854-LTB-BNB LAWRENCE GOLAN, RICHARD KAPP, S.A. PUBLISHING CO., INC., d/b/a ESS.A.Y RECORDINGS, SYMPHONY OF THE CANYONS, RON HALL, d/b/a FESTIVAL FILMS, and JOHN McDONOUGH, d/b/a TIMELESS VIDEO ALTERNATIVES INTERNATIONAL, Plaintiffs, v. MICHAEL B. MUKASEY, in his official capacity as Attorney General of the United States, MARYBETH PETERS, in her official capacity as Register of Copyrights, Copyright Office of the United States, Defendants. CONSENT MOTION TO VACATE AND RESCHEDULE STATUS HEARING OF MAY 29, 2008 Defendants, by and through undersigned counsel, respectfully move the Court for an order vacating the status hearing set for May 29, 2008, by the Court's order of February 22, 2008 [Docket Nos. 138, 139], and rescheduling the status hearing for any of the following dates, to the extent that one or more is convenient for the Court: June 19 to 20, 2008, or July 1 to 2, 2008. Pursuant to L. Civ. R. 7.1, counsel for Defendant has conferred with Plaintiffs' counsel, and Plaintiffs' counsel authorized Defendants to represent that Plaintiffs consent to the requested continuance. In support of this motion, Defendants respectfully submit the following: 1. Undersigned counsel is lead counsel in a case pending in Association of

Administrative Law Judges, et al., v. Office of Personnel Management, Civ. No. 07-00711

Case 1:01-cv-01854-LTB-BNB

Document 140

Filed 05/23/2008

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(D.D.C.), in which the government is required to file an administrative record on or before Friday, May 30, 2008. The preparation and filing of the administrative record in that case will require all or most of counsel's attention during the week preceding the filing deadline, as to which the government cannot seek an extension, and therefore would render it impossible for counsel to travel to Denver for the status hearing in the instant matter and meet his obligations in that case. Therefore, Defendants seek this continuance. 2. One previous continuance has been granted as to the status hearing, pursuant to

the parties' stipulated motion of February 22, 2008 [Docket No. 137]. However, there are no other dates (including discovery cut-off dates, hearing deadlines, pre-trial conference dates, or trial dates) now set in this matter other than the hearing sought to be continued. WHEREFORE, for the foregoing reasons, Defendants respectfully request that their motion be granted, and that the status hearing set for May 29, 2008, be vacated and continued to one of the following dates: June 19 to 20, 2008, or July 1 to 2, 2008, insofar as any of those dates is convenient for the Court, or another subsequent date that is convenient to the Court.

Case 1:01-cv-01854-LTB-BNB

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Filed 05/23/2008

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Dated: May 23, 2008

Respectfully submitted, GREGORY G. KATSAS Acting Assistant Attorney General TROY A. EID United States Attorney VINCENT M. GARVEY Deputy Branch Director

_________________________ CHRISTOPHER R. HALL Trial Attorney United States Department of Justice Civil Division, Rm 7128 P.O. Box 883 20 Massachusetts Ave., NW Washington, D.C. 20001 Telephone: (202) 353-7633 Fax: (202) 616-8202 Counsel for Defendants

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Case 1:01-cv-01854-LTB-BNB

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Filed 05/23/2008

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CERTIFICATE OF SERVICE I certify that, on May 23, 2008, I caused a copy of the foregoing Consent Motion to Vacate and Reschedule Status Hearing of May 29, 2008, to be served by electronic mail via the Court's ECF procedures upon counsel at the following addresses: Hugh Gottschalk Wheeler, Trigg & Kennedy, P.C. 1801 California Street, Ste. 3600 Denver, CO 80202-2636 [email protected] Carolyn Fairless Wheeler, Trigg & Kennedy, P.C. 1801 California Street, Ste. 3600 Denver, CO 80202-2636 [email protected]

/s/ Christopher R. Hall CHRISTOPHER R. HALL

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