Free Notice (Other) - District Court of Colorado - Colorado

Case 1:01-cv-01807-MSK-MJW

Document 507

Filed 10/18/2007

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No.: 01-cv-01807-MSK-MJW BANK ONE, N.A., (Successor to Bank One, Colorado, N.A.) and BANK ONE TRUST COMPANY, N.A., As Trustee of the Frank G. Jamison Marital Trust and the Frank G. Jamison Family Trust, Plaintiffs, v. C.V.Y. CORPORATION, d/b/a Your Valet Cleaners; and, JOHNNY ON THE SPOT, INC. Defendants.

BOULDER CLEANERS, INC. and, JOHN'S CLEANERS, INC., Cross-Plaintiffs, v. C.V.Y. CORPORATION, d/b/a Your Valet Cleaners, Cross-Defendant. ______________________________________________________________________________ NOTICE OF INTENT TO PROCEED WITH JOINT MOTION FOR APPROVAL OF SETTLEMENT AGREEMENT WITH CONTRIBUTION PROTECTION ______________________________________________________________________________ Defendants, C.V.Y. Corporation, d/b/a Your Valet Cleaners ("CVY"), and Johnny on the Spot, Inc. ("JOS") hereby notify the Court of the parties' intent to proceed with the Joint Motion for Approval of Settlement Agreement with Contribution Protection (#492) ("Contribution Motion" hereinafter).

Case 1:01-cv-01807-MSK-MJW

Document 507

Filed 10/18/2007

Page 2 of 4

COMPLIANCE WITH D.C.Colo.L.CivR 7.1(A) Counsel for CVY and JOS certifies that he conferred with John W. Rauchway, Esq., counsel for Plaintiffs, Bank One, N.A. and Bank One Trust Company, N.A., and Scott Jurdem, Esq., counsel for Cross-Plaintiffs, Boulder Cleaners, Inc. and John's Cleaners, Inc. No party objects to proceeding with the Contribution Motion. Undersigned counsel further certifies that on October 18, 2007, he provided counsel for Boulder Cleaners, Inc. and John's Cleaners, Inc. with a copy of the Settlement Agreement previously filed under seal. 1. On October 16, 2007, the parties participated in a hearing on the Joint Motion for

Filing Exhibit 1 to the Motion for Approval of Settlement Agreement with Contribution Protection Under Seal Pursuant to D.C.Colo.L.CivR 7.2 (#489) ("Motion to Seal" hereinafter) and Contribution Motion. The latter motion was not addressed at the hearing and is still pending. Following argument, this Honorable Court denied the Motion to Seal, but stayed the order for 10 days and directed the parties to advise whether they wished to proceed with the Contribution Motion. In accordance therewith, CVY and JOS hereby notify the Court that the parties wish to proceed with the Contribution Motion (#492). 2. Pursuant to the Court's directives at the hearing, the parties understand that Boulder

Cleaners, Inc. and John's Cleaners, Inc. may file a supplemental response to the Contribution Motion no later than October 29, 2007, and that CVY and JOS may file a supplemental reply no later than 10 days after the filing of any supplemental response.

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Case 1:01-cv-01807-MSK-MJW

Document 507

Filed 10/18/2007

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Respectfully submitted this 18th day of October, 2007. MONTGOMERY, KOLODNY, AMATUZIO & DUSBABEK, L.L.P.

s/ Max K. Jones, Jr. C. Michael Montgomery Max K. Jones, Jr. Ryan C. Gill 1775 Sherman Street, 21st Floor Denver, CO 80203 Phone: 303-592-6600 Fax: 303-592-6666 ATTORNEYS FOR THE DEFENDANTS C.V.Y. CORPORATION, d/b/a YOUR VALET CLEANERS, and JOHNNY ON THE SPOT, INC.

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Case 1:01-cv-01807-MSK-MJW

Document 507

Filed 10/18/2007

Page 4 of 4

CERTIFICATE OF MAILING I hereby certify that on October 18, 2007 a true and correct copy of the NOTICE OF INTENT TO PROCEED WITH JOINT MOTION FOR APPROVAL OF SETTLEMENT AGREEMENT WITH CONTRIBUTION PROTECTION was filed with the Clerk of the Court using the CM/ECF system which will send notification of such filing to the following e-mail addresses: Scott Jurdem, Esq. Buchanan Jurdem & Cederburg, P.C. 1621 18th Street, Suite 260 Denver, Colorado 80202 [email protected] Laura J. Riese, Esq. Jonathan W. Rauchway, Esq. Davis Graham & Stubbs LLP 1550 Seventeenth Street, Suite 500 Denver, CO 80202 [email protected] [email protected]

s/ Karen Wood Karen Wood Montgomery, Kolodny, Amatuzio & Dusbabek 1775 Sherman Street, 21st Floor Denver, CO 80203 Telephone: 303-592-6600 Fax: 303-592-6666 [email protected]

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