Free Motion to Vacate - District Court of Colorado - Colorado

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

Document 206

Filed 03/02/2007

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.

JOINT MOTION TO VACATE AND RESET SETTLEMENT CONFERENCE

COME NOW the parties, by and through their undersigned counsel, and hereby jointly move for a vacation and rescheduling of the settlement conference in this matter; and in support thereof, state as follows: 1. This matter is presently scheduled for a settlement conference on March 14, 2007, before Magistrate Judge Watanabe. 2. When the settlement conference was originally scheduled, it was anticipated by the parties and the Magistrate Judge that any pending motions, which include a Motion for Class Certification, may have been decided by the March date, thus allowing the parties to better understand if settlement discussions included class issues or only individual issues. 3. Without a ruling on the class action allegations, which have been part of this case since it was filed in the year 2000, it would be difficult to evaluate the case for purposes of settlement of the pending claims, and an individual settlement may implicate issues regarding adequate notice to the putative class, insofar as the reported 10th Circuit case of Fincher v. Prudential may have served notice on potential class members of the fact that this case has pending class allegations that may effect similar claimants. 1

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

Document 206

Filed 03/02/2007

Page 2 of 2

4. In addition both parties are out-of-state, and would otherwise have to travel to Colorado for a settlement conference that presently does not appear likely to produce a settlemet. 5. This case is set for trial on October 15, 2007, and therefore there is ample time to reschedule a settlement conference as motions are subsequently ruled upon. WHEREFORE, the parties jointly move for a vacation of the settlement conference of March 14, 2007, and a re-setting of the same at a time convenient to court and counsel. Respectfully submitted this 2nd 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 s/Clifton J. Latiolais, Jr. Clifton J. Latiolais, Jr. CAMPBELL LATIOLAIS & RUEBEL PC 825 Logan Street Denver, CO 80203

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