Free Motion for Leave to Appear - District Court of Colorado - Colorado

Case 1:01-cv-00075-EWN-PAC

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Filed 11/09/2005

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 01-cv-00075-EWN-PAC ORIN LOOS and TIMOTHY J. THOMPSON, for themselves and all others similarly situated, Plaintiffs, VS. LEVEL 3 COMMUNICATIONS, LLC, WILLIAMS COMMUNICATIONS, INC. SPRINT CORPORATION, and UNION PACIFIC RAILROAD COMPANY, Defendants.

UNOPPOSED MOTION FOR STANDING ORDER TO ALLOW OUT-OF-STATE COUNSEL TO APPEAR VIA TELEPHONE AT COURT HEARINGS INCLUDING NOVEMBER 10, 2005 HEARINGS WITH REQUEST FOR EXPEDITED RULING

Plaintiffs and all Defendants, by and through their counsel, request that this Court issue a standing order allowing any attorney to appear at hearings in this case before the presiding Judge and Magistrate via telephone with advance notice to the Court and all counsel. 1. Pursuant to D.C.COLO LCivR. 7.1A, all the parties' counsel have conferred on November 8-9, 2005 and wish to submit this request for immediate attention prior to the next scheduled hearing on November 10, 2005. 2. The parties request that our-of-state counsel be allowed to appear at hearings by telephone if two conditions are met: 1) the attorney seeking to appear by phone must notify all other counsel in advance of each hearing by phone or email; and 2) the same

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attorney must contact Judge Nottingham or Magistrate Coan's Chambers (depending on who is presiding at a hearing) and verify that permission to appear at a hearing by phone is granted and get call instructions; 3) Counsel will make technical arrangements as noted below to coordinate calling the court should more than one attorney wish to appear by phone. 3. The Court should specify a standing lead time (e.g. one day is suggested) by which to notify the Judge's staff of a request to appear by telephone. 4. During the conversation with the Judge's staff when permission to appear by phone is sought, the attorney will confirm the hearing date and time, get instructions on when to call and/or what number to call, and provide a phone number to be reached at the time of the hearing. The attorney shall note the name of the staff person granting permission to appear by phone, the date, and the time permission was granted. 5. In case more than one attorney requests to appear by phone, counsel shall arrange amongst themselves to gather in one central conference call and then jointly call the Judge's or Magistrate's staff person at the time designated so as to minimize inconvenience to the staff or tie up multiple Court phone lines. For the November 10, 2005 hearing Plaintiffs' attorneys will coordinate the arrangements so that all attorneys appearing by telephone, gathered in a conference call, may call the Court via one incoming call to the Court.

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6.

In particular, Plaintiffs' Counsel Scott Gilchrist seeks permission to appear by phone at the November 10, 2005 hearing as do Defense Counsel E. Logan, R. Bodinson, G. Wolf, S.E. Napper, J. Jones, and K Hayes and/or Pamela Anderson -- all representing various Defendants or other Parties. Currently, Plaintiffs' Counsel believe the following Counsel intend to appear in person: Charles Lilley, Karen Cody-Hopkins, Dan Warden, and J Bergman.

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In the case of a hearing on dispositive motions, each party will do their best to have at least one attorney appear in person. Dated: November 8, 2005 Respectfully submitted,

__/s Charles W. Lilley_______ __s/Karen Cody-Hopkins____ Charles W. Lilley, # 9943 Karen Cody-Hopkins, # 35367 LILLEY & GARCIA, LLP35367 1600 Stout Street, Ste. 1100 Denver, CO 80202 T: (303) 293-9800 F: (303) 298-8975 [email protected] [email protected] Irwin B. Levin Scott D. Gilchrist, #027774 COHEN & MALAD, LLP One Indiana Square, Suite 1400 Indianapolis, IN 46204 T: (317) 636-6481 F: (317) 636-2593 Samuel D. Heins Stacey L. Mills David Woodward HEINS MILLS & OLSON P.L.C.

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3550 IDS Center 80 South Eighth Street Minneapolis, MN 55402 Counsel for the Plaintiffs

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CERTIFICATE OF SERVICE VIA CM/ECF SYSTEM The undersigned hereby certifies that on November 9, 2005, I electronically filed an Unopposed Motion to Allow Out-of-State Counsel to Appear by Phone and Proposed Orders (Nottingham and Coan) using the CM/ECF system which will send notification of such filing to the following counsel via their emails on file (as listed below) with the U.S. District Court for the District of Colorado's CM/ECF system: Daniel Warden Bond & Morris 303 17th Avenue, #888 Denver, CO 80203 (303) 837-9222 / Fax: (303) 837-0849 [email protected] Jonathon D. Bergman DAVIS GRAHAM & STUBBS LLP 1550 17th Street, Suite 500 Denver, CO 80202 (303) 892-9400 /Fax: (303) 893-1379 [email protected] Ron Bodinson Gregory T. Wolf Joseph Michael Rebein SHOOK, HARDY & BACON L.L.P. 84 Corporate Woods 10801 Mastin, Suite 1000 Overland Park, KS 66210-1669 (913) 451-6060 /Fax: (913) 451-8879 [email protected] [email protected] [email protected] Steven E. Napper Union Pacific Railroad Company Law Department 1331 Seventeenth Street, #406 Denver, CO 80202 [email protected] J. Kevin Haves {& Pamela Anderson) HALL, ESTILL, HARDWICK, GABLE GOLDEN & NELSON, P.C. 320 South Boston #400 Tulsa, OK 74103 (918) 594-0400 / Fax: (918) 594-05050 [email protected] J. Emmett Logan STINSON MORRISON HECKER LLP 1201 Walnut, Suite 2900 Kansas City, MO 64106-2150 (816) 842-8600 /Fax: (816) 691-3495 [email protected] Joseph E. Jones Fraser, Stryker, Meusey, Olson, Boyer & Bloch 409 South 17th Street, #500 Omaha, NE 68102 [email protected]

__s/Karen Cody-Hopkins Karen Cody-Hopkins, # 35367

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Attorney for Plaintiffs LILLEY & GARCIA, LLP35367 1600 Stout Street, Ste. 1100 Denver, CO 80202 T: (303) 293-9800 ; F: (303) 298-8975 [email protected]

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