Free Response to Motion - District Court of Colorado - Colorado

Case 1:01-cv-00799-PSF-MEH

Document 98

Filed 07/21/2006

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 01-WY-799 RITA BASTIEN, Plaintiff, v. THE OFFICE OF SENATOR BEN NIGHTHORSE CAMPBELL, Defendant. ________________________________________________________________________ RESPONSE TO DEFENDANT'S MOTION TO CONTINUE STAY OF PROCEEDINGS ________________________________________________________________________ Plaintiff, Rita Bastien, by and through her Attorneys, Karen Larson and John S. Evangelisti, hereby responds to Defendant's motion for stay as follows: 1. Defendant fails to satisfy the four factors cited in support of its Motion for

Continued Stay, to wit: a. It is unlikely that Defendant will prevail on the merits as it is lost before both the Trial Court and The 10th Circuit Court of Appeals, b. There is no irreparable harm that will take place absent a stay, c. A continued delay will certainly not help Ms. Bastien, d. There is little public interest in this matter. 2. In addition, Defendant has not filed a Motion for Rehearing. Wherefore, the Motion for Stay should be denied.

Case 1:01-cv-00799-PSF-MEH

Document 98

Filed 07/21/2006

Page 2 of 2

Respectfully Submitted,

s/John S. Evangelisti John S. Evangelisti, Esq. Karen Larson, Esq. Co-Counsel for Appellant 1120 Lincoln St., Ste. 711 Denver, CO 80203 (303) 832-8226

CERTIFICATE OF MAILING I hereby certify that on this 21th day of July, 2006 I electronically filed the foregoing with the Clerk of the Court using the CM/ECF system which will electronically send notice to the following party. Jean M. Manning Claudia A. Kostel Senate Senior Counsel for Employment Office of Senate Chief Counsel for Employment P.O. Box 77053 Washington, D.C. 20013

/s/ Dominique' D. Villa Dominique' D. Villa, Paralegal to John S. Evangelisti, Esq.

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