Free Response - District Court of Colorado - Colorado

Case 1:01-cv-01731-MSK-OES

Document 162

Filed 02/07/2008

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 01-cv-01731-MSK-OES EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Plaintiff, AND LEIGH ANN ORNELAS, Plaintiff/Intervenor, v. MILGARD MANUFACTURING, INCORPORATION, d/b/a MILGARD WINDOWS, a Washington corporation, Defendant. RESPONSE TO ISSIAKA I. NAMOKO'S REQUEST FOR CHANGE OF ADRESS [SIC], AND REQUEST FOR DEFAULT JUDGMENT Defendant Milgard Manufacturing, Inc. d/b/a Milgard Windows ("Milgard"), by and through its attorneys, Littler Mendelson, P.C., responds in opposition to Issiaka I. Namoko's ("Namoko's") request for a default judgment in his "Request For Change Of Adress [sic], And Request For Default Judgment." In response to Namoko's Motion, Milgard states as follows: 1. The underlying case involves three parties: Plaintiff United States Equal

Employment Opportunity Commission, Intervenor Leigh Ann Ornelas, and Defendant Milgard. 2. This case was settled and dismissed in 2004. Issiaka I. Namoko ("Namoko") is

not and has never been a party to this action. Accordingly, he cannot seek nor obtain a default judgment in this action. See Fed.R.Civ.P. 55(a) To the extent that the Court considers Mr. Namoko's filing as a motion for default judgment or other affirmative action, this Court should deny the motion.

Case 1:01-cv-01731-MSK-OES

Document 162

Filed 02/07/2008

Page 2 of 2

Respectfully submitted this 7th day of February, 2008.

s/ Katherine S. Dix Lawrence W. Marquess Katherine S. Dix LITTLER MENDELSON A Professional Corporation 1200 17th Street, Suite 1000 Denver, CO 80202.5835 Telephone: 303.629.6200 Facsimile: 303.629.0200 ATTORNEYS FOR DEFENDANT MILGARD MANUFACTURING, INC.

CERTIFICATE OF SERVICE I hereby certify that on that on this 7th day of February 2008, a true and correct copy of the above RESPONSE TO ISSIAKA I. NAMOKO'S REQUEST FOR CHANGE OF ADRESS [SIC], AND REQUEST FOR DEFAULT JUDGMENT was filed via CM/ECF, and served to the following party via regular U.S. Mail with a copy sent via electronic mail. A duly signed original is on file at the offices of Littler Mendelson, P.C. Issiaka I. Namoko 243 W. 116th Street, Apt. 5C New York, NY 10026 E-mail: [email protected] s/ Christine Keitlen Christine Keitlen
Firmwide:84219727.1 021950.1083

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