Free Motion to Stay - District Court of Colorado - Colorado

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

Document 124

Filed 02/08/2007

Page 1 of 3

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 01-cv-00799-PSF-MEH RITA BASTIEN, Plaintiff, v. THE OFFICE OF SENATOR BEN NIGHTHORSE CAMPBELL, Defendant.

DEFENDANT'S AMENDED MOTION TO STAY PROCEEDINGS PENDING THE DECISION OF THE SUPREME COURT IN OFFICE OF SENATOR MARK DAYTON v. HANSON Pursuant to Rule 7 of the Federal Rules of Civil Procedure and Rule 7.1 of the Local Civil Rules for the United States District Court for the District of Colorado, Defendant, the Office of Senator Ben Nighthorse Campbell ("Defendant"), hereby amends its February 7, 2007 motion requesting this Court for an order staying proceedings in this action brought by Plaintiff, Rita Bastien ("Plaintiff").1 This amended motion to stay is made on the ground that the U.S. Supreme Court recently has granted review on the question of whether the Speech or Debate Clause of the U.S. Constitution poses a jurisdictional bar to an employment lawsuit brought under the Congressional Accountability Act of 1995, 2 U.S.C. §§ 1301-1438 (2000).

On February 8, 2007, this Court issued an order denying Defendant's motion without prejudice because it found that Defendant had failed to comply with Local Rules 6.1D and 7.1A. The February 7, 2007 motion was amended herein solely to address the Court's February 8, 2007 order.

1

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

Document 124

Filed 02/08/2007

Page 2 of 3

Pursuant to Local Rule 7.1, on February 7, 2007, counsel for Defendant contacted Plaintiff's counsel, via phone call and email, in a reasonable, good-faith effort to resolve the disputed matter. Plaintiff's counsel declined to consent to the relief requested herein by Defendant. In support of this Amended Motion, Defendant has filed simultaneously herewith Defendant's Memorandum Brief in Support of Amended Motion to Stay Proceedings Pending the Decision of the Supreme Court in Office of Senator Mark Dayton v. Hanson. Respectfully submitted,

Dated: February 8, 2007

/s/ Claudia A. Kostel Jean M. Manning Senate Chief Counsel for Employment Claudia A. Kostel Senate Senior Counsel for Employment Office of Senate Chief Counsel for Employment P.O. Box 77053 Washington, D.C. 20013 Telephone: (202) 224-5424 Facsimile: (202) 228-2557 Attorneys for Defendant, The Office of Senator Ben Nighthorse Campbell

2

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

Document 124

Filed 02/08/2007

Page 3 of 3

CERTIFICATE OF SERVICE I hereby certify that on this 8th day of February, 2007, I sent a true and accurate copy of the foregoing Defendant's Amended Motion to Stay Proceedings Pending the Decision of the Supreme Court in Office of Senator Mark Dayton v. Hanson, the Memorandum of Points and Authorities in Support of Defendant's Amended Motion to Stay Proceedings Pending the Decision of the Supreme Court in Office of Senator Mark Dayton v. Hanson, and the Proposed Order to the following attorney, through the Electronic Case Filing system. John Evangelisti, Esq. [email protected] 1120 Lincoln Street, Suite 711 Denver, Colorado 80203 Attorney for Plaintiff, Rita Bastien

Pursuant to Local Rule 6.1, on this 8th day of February, 2007, I served a true and accurate copy of the foregoing Defendant's Amended Motion to Stay Proceedings Pending the Decision of the Supreme Court in Office of Senator Mark Dayton v. Hanson, the Memorandum of Points and Authorities in Support of Defendant's Amended Motion to Stay Proceedings Pending the Decision of the Supreme Court in Office of Senator Mark Dayton v. Hanson, and the Proposed Order upon the following through first-class U.S. mail, postage prepaid. Defendant, Office of Senator Ben Nighthorse Campbell c/o Ben Nighthorse Campbell P.O. Box 639 Ignacio, CO 81137

/s/ Tonya Dixon Tonya Dixon