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

Case 1:00-cv-02098-REB-MJW

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO

Civil Action No. 00-cv-02098-REB-MJW KELLY FINCHER, by her guardian, JAMES FINCHER, on behalf of herself and all others similarly situated, Plaintiffs, v. PRUDENTIAL PROPERTY AND CASUALTY INSURANCE COMPANY, a New Jersey Corporation, Defendant.

UNOPPOSED MOTION FOR LEAVE FOR PLAINTIFFS' ATTORNEY ROBERT CAREY TO APPEAR AT TRIAL PREPARATION CONFERENCE BY TELEPHONE Rule 7.1 Certification ­ Counsel for Plaintiffs has conferred with counsel for Defendant concerning this motion, and counsel for Defendant states that he does not oppose the requested relief.________________________________________ Plaintiffs, through counsel, submit the following Unopposed Motion For Leave For Plaintiffs' Attorney Robert Carey To Appear At Trial Preparation Conference By Telephone, and in support thereof, states as follows: 1. Pursuant to this Court's Trial Preparation Conference Order (Doc.

#163) dated March 16, 2006, the Trial Preparation Conference in this matter has been set for September 28, 2007, commencing at 9:00 a.m. 2. Plaintiffs' counsel, Leif Garrison and Dan Rector, will appear at the

Trial Preparation Conference in person; however, Plaintiffs' counsel Robert

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Carey will be unable to do so, for the reasons detailed herein, and therefore, requests leave to participate by telephone. 3. Plaintiffs' counsel Robert Carey is currently traveling out-of-state on

business matters, through September 26, 2007. In addition, he is scheduled to conduct oral argument in May v. Travelers Prop. and Cas. Co. of America, No. 06-1531, before the U.S. Court of Appeals for the 10th Circuit on October 1, 2007; Warren v. American Bankers Ins. Co. of Florida, Nos. 06-1305 & 06-1440, before the U.S. Court of Appeals for the 10th Circuit on October 3, 2007, and in Borden v. Farmers Insurance Exchange, No. 06CA1271, before the Colorado Court of Appeals on October 10, 2007. All of these matters have been added

to Mr. Carey's calendar after entry of the Trial Preparation Conference Order in this matter. As Attorney Carey's home and home office are in Arizona, and he will be traveling to Colorado for each of these oral arguments as well as for the trial in this matter commencing on October 15, 2007, it would be significantly less burdensome on Mr. Carey and his family if he could participate in the Trial Preparation Conference by telephone, and thus avoid scheduling another out-oftown trip. 4. Neither the Court nor the parties will be prejudiced by the requested

relief, as two of Plaintiffs' attorneys will appear in person, and counsel for Defendant has stated that he does not oppose Attorney Carey's participation by telephone.

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WHEREFORE, Plaintiffs seek an Order of this Honorable Court granting leave for Attorney Robert Carey to participate in the September 28, 2007, trial preparation conference by telephone.

Respectfully submitted this September 25, 2007.

s/Leif Garrison Robert B. Carey Leif Garrison The Carey Law Firm 2301 East Pikes Peak Ave. Colorado Springs, Colorado 80909 Phone: (719) 635-0377 Fax: (719) 635-2920 Email: [email protected] Steve W. Berman, WSBA #12536 HAGENS BERMAN, L.L.P. 1301 Fifth Avenue, Suite 2900 Seattle, WA 98101 L. Dan Rector
FRANKLIN D. AZAR & ASSOCIATES, PC

5536 Library Lane Colorado Springs, CO 80918 Attorneys for Plaintiffs

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CERTIFICATE OF SERVICE I hereby certify that on this September 25, 2007, I electronically filed the foregoing with the Clerk of the Court using the CM/ECF System, which will send notification to the following email addresses: [email protected]

s/Leif Garrison Robert B. Carey Leif Garrison The Carey Law Firm 2301 East Pikes Peak Ave. Colorado Springs, Colorado 80909 Phone: (719) 635-0377 Fax: (719) 635-2920 Email: [email protected]

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