Free Motion to Seal Document - District Court of Colorado - Colorado

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

Document 489

Filed 09/14/2007

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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, 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 CLEANER'S, INC., Cross-Plaintiffs, v. C.V.Y. CORPORATION, d/b/a Your Valet Cleaners, Cross-Defendant. ______________________________________________________________________________ JOINT MOTION FOR FILING EXHIBIT 1 TO THE JOINT MOTION FOR APPROVAL OF SETTLEMENT AGREEMENT WITH CONTRIBUTION PROTECTION UNDER SEAL PURSUANT TO D.C.COLO.L.CivR 7.2 ______________________________________________________________________________ COME NOW, the Plaintiffs Bank One, Colorado, N.A. ("Bank One") and Bank One Trust, N.A., As Trustee of the Frank G. Jamison Marital Trust and the Frank G. Jamison Family Trust ("Bank One Trust") (Bank One and Bank One Trust are collectively the "Plaintiffs"), and Defendants, C.V.Y. Corporation, d/b/a Your Valet Cleaners ("CVY"), and Johnny on the Spot, Inc. ("JOS"), who have reached an agreement to settle the claims among them and have filed a Joint

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

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Motion for Approval of Settlement Agreement with Contribution Protection. In the Joint Motion, the parties reference the confidential settlement agreement entered into by them (the "Settlement Agreement") and wish to provide a copy of the Settlement Agreement to this Honorable Court for its consideration, under seal pursuant to D.C.COLO.L.CivR 7.2. As grounds therefore, the parties state as follows: COMPLIANCE WITH D.C.Colo.L.CivR 7.1(A) Counsel for the Settling Defendants certifies that they conferred with counsel for Plaintiffs and that both parties consent to this Motion, as evidenced by their joint signatures. Scott Jurdem, Esq., counsel for Cross-Plaintiffs, Boulder Cleaners, Inc. and John's Cleaner's, Inc. indicated he wishes to have access to the Settlement Agreement, and for this reason, his client cannot agree. 1. The Settlement Agreement completely resolves all claims among these parties and

also resolves any liability relating to CVY, JOS or their officers, directors, shareholders, successors, affiliates, owners, employees, agents, heirs, and assigns (the "Settling Defendants"). 2. The Settlement Agreement contains various terms and conditions that Plaintiffs and

Settling Defendants wish to keep confidential, including the settlement amount. However, for this Court to grant the relief requested in the Joint Motion for Approval of Settlement Agreement with Contribution Protection, it should consider the amount paid by Settling Defendants to Plaintiffs in settlement and the parties' obligations set forth in the Settlement Agreement, as the same supports Court approval of the Settlement Agreement with contribution protection. 3. The Joint Motion for Approval of Settlement Agreement with Contribution Protection

is not filed under seal and is available for public inspection. The only document to be filed under 2

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

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seal is Exhibit 1 to the Joint Motion. It is filed pursuant to D.C.COLO.L.CivR 7.3 with the instant motion. 4. Given the nature of this claim, the costs incurred, the settlement amount, the

obligations of the parties set forth in the attached Settlement Agreement and the confidential nature of the same, there exist compelling reasons to have it filed under seal pursuant to D.C.COLO.L.CivR 7.2. WHEREFORE, for the foregoing reasons, Plaintiffs and the Settling Defendants request that this Court issue an order permitting the Settlement Agreement, Exhibit 1 to the Joint Motion for Approval of Settlement Agreement with Prejudice and with Contribution Protection, to be filed under seal pursuant to D.C.COLO.L.CivR 7.2.

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Respectfully submitted this 14th day of September, 2007. DAVIS GRAHAM & STUBBS LLP MONTGOMERY, KOLODNY, AMATUZIO & DUSBABEK, L.L.P.

s/ Laura J. Riese__________________ Laura J. Riese Jonathan W. Rauchway 1550 Seventeenth Street, Suite 500 Denver, CO 80202 Phone: 303-892-9400 Fax: 303-893-1379 ATTORNEYS FOR PLAINTIFFS

s/ C. Michael Montgomery_________________ C. Michael Montgomery Max K. Jones, Jr. 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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CERTIFICATE OF MAILING I hereby certify that on September 14, 2007 a true and correct copy of the JOINT MOTION FOR FILING EXHIBIT 1 TO THE JOINT MOTION FOR APPROVAL OF SETTLEMENT AGREEMENT WITH CONTRIBUTION PROTECTION UNDER SEAL PURSUANT TO D.C.COLO.L.CivR 7.2 was filed with the Clerk of the Court using the CM/ECF system, and counsel was served said Motion, without Exhibit 1, via e-mail and facsimile: 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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