Free Response to Motion - District Court of Colorado - Colorado

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

Document 216

Filed 03/16/2007

Page 1 of 2

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, Defendant.

PLAINTIFF'S OPPOSITION TO DEFENDANT'S MOTION FOR LEAVE TO EXCEED PAGE LIMITATIONS OF REB CIV. PRACTICE STANDARD V.H. 3.a. AND MOTION TO STRIKE DEFENDANT'S MOTION FOR PARTIAL SUMMARY JUDGMENT AND MEMORANDUM BRIEF IN SUPPORT

COMES NOW the Plaintiff, by and through her undersigned counsel, and opposes Defendant's Motion for Leave to Exceed Page Limitations, and additionally moves to strike Defendant's Motion for Partial Summary Judgment and accompanying brief submitted with the Motion for Leave to Exceed Page Limitations; and in support thereof, states as follows: 1. Defendant is requesting relief from the Practice Standards of the Honorable Robert E. Blackburn under V.I.4.a. although counsel has actually referenced section V.H.3.a; specifically, "If a party elects to file more than one Rule 56 motion, then opening briefs and response briefs shall not exceed twenty (20) pages total for all such motions (not each such motion) filed by that party." This rule is presumably made part of Judge Blackburn's division rules in order to keep parties from filing repeated and redundant motions; and therefore Defendant's relief requested is inappropriate as one that defeats the reason such a rule exists.

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

Document 216

Filed 03/16/2007

Page 2 of 2

2. The Motion is, indeed, a revisiting of essentially the same arguments previously tendered by the defense in earlier motions pertaining to the areas of relief available to the Plaintiff. Moreover, the Plaintiff has some time ago requested reconsideration as of October 3, 2006 of the Court's ruling regarding the aggregate limitation upon the policy; and therefore the relief requested will simply open a round of briefing on issues previously briefed. 3. Plaintiff also moves to strike Defendant's Motion for Partial Summary Judgment and Brief in Support because they are outside the guidelines of this Court's rules, and should not be part of the record without a Response from the Plaintiff. WHEREFORE, Plaintiff opposing the Motion for Leave, and likewise moves for an order striking Defendant's Motion for Partial Summary Judgment and accompanying brief. Respectfully submitted this 16th day of March, 2007. s/L. Dan Rector L. Dan Rector FRANKLIN D. AZAR & ASSOCIATES, PC 5536 Library Lane Colorado Springs, CO 80918 s/Robert B. Carey Robert B. Carey Leif Garrison THE CAREY LAW FIRM 2301 East Pikes Peak Avenue Colorado Springs, CO 80909

CERTIFICATE OF SERVICE (CM/ECF) I hereby certify that on 16th day of March, 2007, electronically filed the foregoing with the Clerk of Court using the CM/ECF system which will send notification of such filing to the following e-mail addresses: [email protected] s/L. Dan Rector L. Dan Rector

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