Free Motion for Leave - District Court of Colorado - Colorado

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

Document 468

Filed 05/16/2007

Page 1 of 3

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. ______________________________________________________________________________ UNOPPOSED MOTION FOR AUTHORIZATION TO FILE RESPONSIVE LETTER ______________________________________________________________________________ COME NOW Defendants, C.V.Y. Corporation, d/b/a Your Valet Cleaners ("CVY"), and Johnny on the Spot, Inc. ("JOS") by and through their counsel, Montgomery, Kolodny, Amatuzio & Dusbabek, L.L.P., and for their Motion for Authorization to File Responsive Letter state as follows: 1. CERTIFICATION: pursuant to D.C.COLO.LCivR 7.1(A): Counsel for CVY and

JOS certify that they have conferred with Plaintiffs' counsel and that counsel does not oppose this Motion.

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

Document 468

Filed 05/16/2007

Page 2 of 3

2.

On May 16, 2007, pursuant to this Court's previous Order, counsel for CVY and

JOS met with counsel for Plaintiffs to discuss stipulations. 3. Subsequent to such meeting, Plaintiffs' counsel drafted and forwarded a letter to

counsel for CVY and JOS for the purported purpose of confirming what transpired at such meeting. 4. Counsel for Plaintiffs improperly, and in violation of D.C.COLO.LCivR 77.2,

copied the Court on such letter. 5. Because counsel for CVY and JOS believes Plaintiffs' counsel's letter does not

accurately reflect the discussions at the meeting among counsel, and because counsel for CVY and JOS believes that the letter is nothing more than an effort to posture and to improperly curry favor with the Court, counsel for CVY and JOS felt compelled to respond to the letter, and, because such letter was copied to the Court, desire that the Court have a copy of such response. WHEREFORE, pursuant to D.C.Colo.LCivR, counsel for CVY and JOS hereby request authorization to file with the Court, a copy of their response to the May 16, 2007 letter received from Plaintiffs' counsel. A proposed Order is attached. Dated: May 16, 2007.

2

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

Document 468

Filed 05/16/2007

Page 3 of 3

Respectfully submitted, MONTGOMERY, KOLODNY, AMATUZIO & DUSBABEK, L.L.P.

s/ C. Michael Montgomery C. Michael Montgomery Max K. Jones, Jr. 1775 Sherman Street, 21st Floor Denver, Colorado 80203 Phone: 303-592-6600 Fax: 303-592-6666 [email protected] [email protected] ATTORNEYS FOR THE DEFENDANTS C.V.Y. CORPORATION, d/b/a YOUR VALET CLEANERS, and JOHNNY ON THE SPOT, INC. CERTIFICATE OF MAILING I hereby certify that on May 16, 2007 a true and correct copy of the MOTION FOR AUTHORIZATION TO FILE RESPONSIVE LETTER, was filed with the Clerk of the Court using the CM/ECF system which will send notification of such filing the following e-mail addresses: Laura N. Riese, Esq. Jonathan W. Rauchway, Esq. Davis Graham & Stubbs LLP 1550 Seventeenth Street, Suite 500 Denver, Colorado 80202 [email protected] [email protected]

s/ Faithe Charnow

3