Free Motion to Reset - District Court of Colorado - Colorado

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

Document 494

Filed 09/17/2007

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO

Civil Case No. 01-MK-1807 (MJW) BANK ONE, NA, (Successor to Bank One, Colorado, N.A.) and BANK ONE TRUST COMPANY, N.A., as Trustee of the Dora Lucille Jamison Trust Plaintiffs, vs. 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.

UNOPPOSED MOTION TO RESCHEDULE SEPTEMBER 21, 2007 HEARING _____________________________________________________________________ Cross-Plaintiffs, Boulder Cleaners, Inc. and John's Cleaners, Inc., by and through their attorneys, Scott Jurdem and the law firm of Buchanan, Jurdem & Cederberg, P.C. respectfully request that this Court grant their Unopposed Motion to Reschedule the hearing presently scheduled on the pending Joint Motion For Approval of Settlement Agreement With Contribution Protection (Docket # 492) submitted by Plaintiffs and Defendants:

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

Document 494

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1.

The hearing was scheduled pursuant to the Order of this Court to occur on

Friday, September 21, 2007 at 2:00 p.m. (Docket # 493) Immediately upon receipt of the Order on September 14, 2007, Scott Jurdem, Esq., counsel for Cross-Plaintiffs, contacted counsel for both Plaintiffs and Defendants and informed them that he is scheduled to travel to New York City to visit his 88 year old father on September 21, 2007. Mr. Jurdem's father is recovering from surgery and the trip had been scheduled consistent therewith. Neither counsel has any objection to re-scheduling the hearing for this reason. If the Court believes it appropriate to grant this unopposed request, all counsel would like to join in a conference call with the Court to re-schedule the matter 2. Counsel are also working to reach a potential agreement that may permit

disclosure of the confidential settlement to counsel for Cross-Plaintiffs under Protective Order. This may eliminate the need for contested pleadings or hearing on the

confidentiality of the settlement. If counsel for Cross-Plaintiffs is given access to the settlement agreement, any objection thereto may be withdrawn. 3. Cross-Plaintiffs acknowledge that a contribution bar is provided by statute

and are simply attempting to preserve their right to oppose anything within the content of the settlement or the contribution bar that could later be argued to impair the viability of their cross-claim which alleges a breach of a contractual duty to provide defense and indemnification. 4. Undersigned counsel intends to submit his written Response to the pending

motions in a timely fashion consistent with the Court's Order. A potential agreement that permits disclosure of the settlement under protective order, followed by actual disclosure to Cross-Plaintiff's counsel, may eliminate the need for some or all of the pleadings and 2

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reduce the issues left for determination by the Court. 5. Counsel have agreed that as amongst themselves, a re-setting should be

accomplished with all attorneys participating. Of course, the Court may have another plan. Undersigned counsel would be available to address these issues in person on Thursday afternoon, September 20, 2007, if the same is convenient with the Court and counsel. 6. In the alternative, undersigned counsel is also available September 25, 2007,

September 26, 2007 (afternoon only), September 27, 2007, October 1, 2007 and October 2, 2007 (afternoon only). Mr. Montgomery is not available on the following two Fridays, September 28, 2007 and October 5, 2007. Undersigned counsel respects and joins in the Court's interest in promptly resolving the issues raised by the pending motions. CERTIFICATION OF COMPLIANCE WITH D.C.COLO.L.R. 7.1(A) Undersigned Cross-Plaintiffs' counsel hereby certifies compliance with D.C.COLO.L.R. 7.1(A). On Septemebr 14, 2007 undersigned counsel left voicemail messages for Laura Riese, Esq., attorney for Plaintiffs, and C. Michael Montgomery, Esq., counsel for Defendants. Thereafter, by later communication, both attorneys expressed that they had no objection to rescheduling the Hearing. .

WHEREFORE, Cross-Plaintiffs respectfully request that the Court grant this Unopposed Motion to Reschedule the September 21, 2007 Hearing.

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

Document 494

Filed 09/17/2007

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DATED this 17th day of September, 2007. Respectfully submitted, BUCHANAN, JURDEM & CEDERBERG, P.C. s/ Scott Jurdem By:__________________________________ Scott Jurdem, No. 7840 Eighteenth Street Atrium 1621 18th Street, Suite 260 Denver, Colorado 80202 Telephone: (303) 297-2277 ATTORNEYS FOR CROSS-PLAINTIFFS BOULDER CLEANERS, INC. & JOHN'S CLEANERS, INC. CERTIFICATE OF MAILING I do hereby certify that a true and correct copy of the foregoing UNOPPOSED MOTION TO RESCHEDULE SEPTEMBER 21, 2007 DAUBERT HEARING was placed in the U.S. mail, first class, postage prepaid, this 17th day of September, 2007, addressed to the following: Laura Riese Jonathan Rauchway Davis, Graham & Stubbs, LLP 1550 Seventeenth St., Suite 500 Denver, CO 80202 C. Michael Montgomery, Esq. Max Jones, Jr., Esq. Montgomery, Kolodny, Amatuzio, Dusbabeck & Parker, L.L.P. 475 Seventeenth Street, 16th Floor Denver, CO 80202 Mike Ellwood Boulder Cleaners, Inc. 5280 Spine Rd. Boulder, Colorado 80301 s/ Laura K. Mais _______________________________ John W. Ellwood 2212 Juniper Ct. Boulder, CO 80304

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