Free Motion for Extension of Time - District Court of Colorado - Colorado

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

Document 459

Filed 04/04/2007

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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. ______________________________________________________________________________ UNOPPOSED MOTION TO SET (EXTEND) DEADLINE FOR SUBMISSION OF NEW PRE-TRIAL ORDER WITH WITNESS AND EXHIBIT LISTS ______________________________________________________________________________ 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 submit their Unopposed Motion to Set (Extend) Deadline for Submission of New Pre-Trial Order with Witness and Exhibits List, as follows: 1. Certification pursuant to D.C.COLO.LCivR 7.1(A): Counsel for CVY and JOS

certify that they have conferred with counsel for Plaintiffs and that counsel for Plaintiffs has no objection to the relief requested herein.

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

Document 459

Filed 04/04/2007

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2.

The parties have engaged in mediation on two separate occasions since August 9,

2006, and have continued to engage in settlement discussions with the assistance of the mediator. 3. On March 21, 2007, the Parties filed their latest Joint Status Report with the

Court. Therein, the parties advised the Court that "Plaintiffs, Defendants, and Defendants' insurer have been engaged in ongoing mediation" and that although they "remain optimistic that a negotiated settlement to resolve this case can be achieved, settlement negotiations have not resulted in a resolution of the case. . . ." See March 21, 2007, Joint Status Report (Docket # 457), ¶ 3. The parties also advised the Court that the case should be returned to the ordinary litigation track and that a new trial date should be set. 4. On March 23, 2007, the Court issued its Order Denying Motions (Docket # 458).

In a footnote on page 4 of the Order the Court noted that the parties "were not successful in resolving the long-standing matter," and that it anticipated "the parties' compliance with the Order of October 5, 2006 to facilitate the setting of trial." The October 5, 2006 Order provides that "within 10 days after the completion of mediation, the Plaintiffs and the Defendants shall jointly advise the Court, by submission of a new pre-trial order, list of witnesses and list of exhibits of what issues remain and the time necessary for trial." See October 5, 2006 Order, (Docket # 450), page 3. 5. The "ongoing mediation" referenced in the parties' March 21, 2007 Joint Status

Report primarily involves communications between Defendants' insurer and Plaintiffs' counsel. Trial counsel for Defendants, until receipt of an email from and subsequent telephone conference with Plaintiffs' counsel today, has been under the impression that the mediation has not been completed. However, Plaintiffs' counsel, in the above-referenced email and telephone call

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

Document 459

Filed 04/04/2007

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today, has advised Defendants' trial counsel that they think the mediation has been "completed" for purposes of the Court's Order of October 5, 2006, and that, pursuant to such Order and the March 23, 2007 Order, a new Pre-Trial Order with Witness and Exhibit Lists should be filed by today. Defendants' counsel did not anticipate, until receipt of the above-referenced email and phone call today, that Plaintiffs' counsel considered the mediation "completed," for purposes of triggering the need to file a new Pre-Trial Order with Witness and Exhibit Lists. Defendants' counsel acknowledge that a closer reading of the footnote in the March 23, 2007 Order indicates that the Court, too, may have concluded that the mediation has been "completed" for purposes of triggering the terms of the October 5, 2006 Order, despite the wording of the latest Joint Status Report which characterized the mediation as "ongoing." 6. Trial counsel for Defendants has no objection to filing such new Pre-Trial Order

with Witness and Exhibit Lists, given Plaintiffs' counsel's advices that they consider the mediation to have been completed, but request that an Order be issued setting April 18, 2007 as the deadline for filing such items in order for Defendants to consider more fully any appropriate modifications to the previously filed Pre-Trial Order, Witness and Exhibit Lists. 7. Based on the above, Defendants request that the deadline for submitting the new

Pre-Trial Order with Witness and Exhibit Lists be set (extended) to and including April 18, 2007, so that the parties can work together at formulating the same. WHEREFORE, CVY and JOS respectfully request that the Court set (extend) the deadline for submitting the new Pre-Trial Order with Witness and Exhibit Lists to April 18, 2007. A proposed Order is attached.

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

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Filed 04/04/2007

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Dated: April 4, 2007. 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.

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

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Filed 04/04/2007

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CERTIFICATE OF MAILING I hereby certify that on April 4, 2007 a true and correct copy of the UNOPPOSED MOTION TO SET (EXTEND) DEADLINE FOR SUBMISSION OF NEW PRE-TRIAL ORDER WITH WITNESS AND EXHIBITS LISTS 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 Faithe Charnow Montgomery, Kolodny, Amatuzio & Dusbabek, L.L.P. 1775 Sherman Street, 21st Floor Denver, Colorado 80203 Phone: 303-592-6600 Fax: 303-592-6666 [email protected]

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