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

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

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Filed 07/07/2006

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Honorable Marcia S. Krieger

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

PLAINTIFFS' AND DEFENDANTS' JOINT NOTICE RE: TRIAL SETTING

Pursuant to the Court's June 30, 2006 Order, Plaintiffs and Defendants notify the Court that they are unable to reach agreement concerning a three-week trial and state as follows: Statement of Plaintiffs' Position. Plaintiffs believe the case can be tried in three weeks, and have revised their witness list to shorten Plaintiffs' case to one week, leaving the remaining two weeks of available trial time

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for Defendants' case. Plaintiffs need to put on their case while witnesses are still available -- the sheer passage of time prejudices Plaintiffs as witnesses die, move, and as memories fade. (The original trial date was over two and one half years ago). Defendants have no incentive to affirm that their case will fit within three weeks, as a delayed trial means a delayed judgment. Plaintiffs continue to incur cleanup costs to remediate contaminants spilled at a dry cleaner they never operated, while Defendants and their insurance carrier sit back and watch, wallets shut, taking no responsibility for the environmental and other damages caused by their operations. Plaintiffs request that the Court require the parties to try this case within the three weeks set for trial beginning September 11, 2006. Statement of Defendants' Position. Defendants have worked diligently to revise their witness list utilizing the format required by the Court and continue to believe that the trial will take four to five weeks of trial time. There are a large number of exhibits and witnesses in this case, and in the case of overlapping witnesses, Defendants and Plaintiffs have agreed that Defendants will put on direct testimony during Plaintiffs' case to avoid the inconvenience of requiring the witnesses to reappear after Plaintiffs have rested their case, when possible. Plaintiffs' estimate that they can put their case on in one week does not account for this direct examination by Defendants of overlapping witnesses who are called in Plaintiffs' case but who also have been listed as witnesses by Defendants and who otherwise would be called in Defendants' case. This additional direct examination by Defendants during Plaintiffs case of commonly designated witnesses alone will stretch Plaintiffs' case to over three weeks and will give Defendants no opportunity to put on the remainder of their defense witnesses and exhibits. Accordingly, and even though Defendants

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believe that the required trial time may be as much as five weeks, but recognizing that some witnesses may ultimately not be called and some exhibits ultimately may not be needed and, in the spirit of trying to get this matter resolved, Defendants will agree, and hereby request, that the Court schedule this matter for a four week trial to be set at the earliest available trial date available to the Court and counsel. Any shorter time would significantly compromise and prejudice Defendants' ability to appropriately and meaningfully present their defense. Joint Statement. The parties believe that an opportunity to settle the case exists, and request that the Court order the parties and their insurers to attend a mediation within the next thirty days, with full settlement authority, and make a good faith effort to settle this case. Dated: July 7, 2006. Respectfully submitted,

/s/ Laura J. Riese ________________________________ Laura J. Riese Jon W. Rauchway
DAVIS GRAHAM & STUBBS LLP

1550 Seventeenth Street, Suite 500 Denver, CO 80202 Telephone: (303) 892-9400 Facsimile: (303) 893-1379 D.C. BOX NO. 03 ATTORNEYS FOR PLAINTIFFS

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_/s/ C. Michael Montgomery_______ C. Michael Montgomery Max Jones
MONTGOMERY, KOLODNY, AMATUZIO & DUSBABEK L.L.P.

475 Seventeenth Street, 16th Floor Denver, Colorado 80202 Telephone: (303) 592-6600 ATTORNEYS FOR DEFENDANTS

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