Free Motion to Vacate - District Court of Colorado - Colorado

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

Document 137

Filed 02/22/2008

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 01-B-1854(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 JOHN MCDONOUGH, d/b/a TIMELESS VIDEO ALTERNATIVES INTERNATIONAL Plaintiffs, vs. MICHAEL V. MUKASEY, in his official capacity as Attorney General of the United States, et al. Defendants. ______________________________________________________________________________ STIPULATED MOTION TO VACATE AND RESCHEDULE THE FEBRUARY 28, 2008 STATUS/SCHEDULING HEARING ______________________________________________________________________________ The parties, by their undersigned counsel, respectfully file this stipulated motion to vacate the status/scheduling hearing currently scheduled for 10:00 a.m. February 28, 2008, and request that it be rescheduled for 10:00 a.m. May 29, 2008, insofar as that date is convenient for the Court. In support, the parties state as follows: 1. Defendants have not yet decided whether to petition the United States Supreme

Court for a writ of certiorari of the decision by the United States Court of Appeals for the Tenth Circuit in this matter. The current deadline to file a petition for writ of certiorari is April 3, 2008, although that deadline may be extended up to sixty days. Thus, the parties request that the Court

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

Document 137

Filed 02/22/2008

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vacate the current status/scheduling hearing and reschedule it for May 29, 2008 to provide Defendants the opportunity to determine whether to file such a petition, and to allow the Supreme Court an opportunity to rule on any such petition if it is filed sufficiently in advance of the Supreme Court's cut-off for consideration during the current Term. 2. No other extensions of time have been granted regarding the status/scheduling

hearing. There have been no continuances in this matter, and there are no other dates (including discovery cut-off dates, hearing deadlines, pre-trial conference dates, or trial dates) currently set in this matter other than the hearing date sought to be continued. 3. For the reasons described above, there is good cause to grant the motion to vacate

the February 28, 2008 hearing in this matter. 4. Pursuant to Local Rule 6.1(D), as set forth in the Certificate of Service, a copy of

this Motion has been served on the undersigned's client and all attorneys of record. 5. A proposed order is attached hereto for the Court's convenience.

WHEREFORE, the parties request that their motion be granted and that the Status/Scheduling Hearing currently set for February 28, 2008 be rescheduled for May 29, 2008.

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

Document 137

Filed 02/22/2008

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Respectfully submitted this 22nd day of February 2008, by joint stipulation of all parties.

s/ Hugh Q. Gottschalk HUGH Q. GOTTSCHALK CAROLYN J. FAIRLESS Wheeler Trigg Kennedy LLP 1801 California Street Suite 3600 Denver, CO 80202 LAWRENCE LESSIG ANTHONY T. FALZONE Center for Internet and Society Stanford Law School 559 Nathan Abbott Way Stanford, CA 94305-8610 Attorneys for Plaintiffs

s/ Christopher Hall CHRISTOPHER HALL Trial Attorney JEFFREY S. BUCHOLTZ Acting Assistant Attorney General TROY A. EID United State Attorney VINCENT M. GARVEY Deputy Director United States Department of Justice P.O. Box 833 20 Massachusetts Ave., NW, Washington, D.C. 20530 Telephone: (202) 514-4778 Fax: (202) 616-8470 Attorneys for Defendants

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

Document 137

Filed 02/22/2008

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CERTIFICATE OF SERVICE I hereby certify that this document filed on February 22, 2008, through the ECF system will be sent electronically to the registered participants as identified on the Notice of Electronic Filing (NEF: Carolyn J. Fairless [email protected],[email protected],[email protected] Hugh Gottschalk [email protected],[email protected],[email protected] Christopher R. Hall [email protected]

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and Lawrence Lessig via email s/ Hugh Q. Gottschalk by Janean C. Hart Hugh Q. Gottschalk Attorneys for Plaintiffs Wheeler Trigg Kennedy LLP 1801 California Street, Ste. 3600 Denver, CO 80202 Telephone: (303) 244-1800 Facsimile: (303) 244-1875 Email: [email protected]

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