Free Response to Motion - District Court of Colorado - Colorado

Case 1:00-cv-02555-JLK-BNB

Document 103

Filed 01/24/2007

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action Number: 00-cv-02555-JLK-BNB PAMELA CLIFTON, Plaintiff, v. NURSE IONA EUBANK, in her individual capacity; OFFICER ANAYA, in her individual capacity; OFFICER WILKS, in her individual capacity, Defendants. PLAINTIFF'S RESPONSE TO MOTION TO STAY PENDING APPEAL ON QUALIFIED IMMUNITY Plaintiff, Pamela Clifton, by and through counsel, David A. Lane, Mari Newman, and Marcel Krzystek of KILLMER, LANE & NEWMAN, LLP, hereby responds to the Defendants' Motion to Stay Pending Appeal on Qualified Immunity [94] as follows: 1. On January 15, 2007, Defendants filed their Motion to Stay Pending Appeal on

Qualified Immunity [94]. 2. On today's date, Plaintiff filed her Motion to Certify Defendants' Appeal as

Frivolous and/or Dilatory. Plaintiff's basis for opposing the requested stay is articulated in that Motion. 3. In the event that this Court denies Plaintiff's Motion to Certify Defendants'

Appeal as Frivolous and/or Dilatory, the Tenth Circuit Court of Appeals will have exclusive jurisdiction over this case and Defendants' request for a stay will be moot. Respectfully submitted this 24th day of January, 2007.

Case 1:00-cv-02555-JLK-BNB

Document 103

Filed 01/24/2007

Page 2 of 2

KILLMER, LANE & NEWMAN, LLP s/ Marcel Krzystek ____________________________ David A. Lane Mari Newman Marcel Krzystek The Odd Fellows Hall 1543 Champa Street, Suite 400 Denver, Colorado 80202 (303) 571-1000 ATTORNEYS FOR PLAINTIFF CERTIFICATE OF SERVICE I hereby certify that on January 24th, 2007, I 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:
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Thomas J. Lyons [email protected]; [email protected];[email protected] Edmund Martin Kennedy [email protected] [email protected];[email protected]

and I hereby certify that I have mailed or served the document or paper to the following participants in the manner (mail, hand-delivery, etc.) indicated by the non-participant's name: Vincent M. Garvey U.S. Department of Justice Civil Division, Federal Programs Branch 901 E Street, N.W., #946 Washington, DC 20530 Pamela Clifton 1550 S York St. Denver, CO 80210-2817 s/ Marcel Krzystek ________________________________

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