Free Motion to Continue - District Court of Colorado - Colorado

Case 1:00-cv-01841-LTB-KLM

Document 194

Filed 01/23/2007

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IN THE UNITED STATES DISTRICT COURT FOR THE STATE OF COLORADO

Civil Action No. 00-cv-01841-LTB-PAC RICKY EUGENE CLARK, on behalf of himself and all others similarly situated, Plaintiff, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, an Illinois corporation, Defendant.

PLAINTIFF'S MOTION TO RESCHEDULE HEARING REGARDING CLASS DEFINITION (UNOPPOSED)

Pursuant to D.C.Colo.LCivR 7.1A, counsel for the moving part has conferred with opposing counsel, and this motion is unopposed by counsel for Defendant State Farm. COMES NOW Plaintiff Ricky Eugene Clark, by and through his attorneys of record, and moves this Honorable Court for an Order rescheduling the hearing regarding Class Definition, and in support thereof, states as follows: 1. Following the briefing in this matter of the issue of the definition of the proposed

class, this Court then scheduled a hearing on that same issue on February 28, 2007. 2. The undersigned attorney, who has been active on this case for the Plaintiff

throughout the time the case has been pending, is scheduled to be in trial in El Paso County District Court on the case of Rodarme v. AIG, 2005CV4081. The parties have been advised by

Case 1:00-cv-01841-LTB-KLM

Document 194

Filed 01/23/2007

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the trial court in a status conference held on January 16, 2007, that they should be prepared for trial as scheduled, which will last from February 26 through February 29 or 30. 3. Because the undersigned attorney has participated in each hearing to date on this

matter, the client wants him to be present along with Mr. Carey, and at present it does not appear that the conflict in dates can be resolved. 4. Upon conferring with opposing counsel regarding this motion, which is

unopposed, it is respectfully suggested that the parties are available on any of the dates from April 4 through April 13th, and if this Court has one of those dates open, the hearing could be rescheduled without a substantial delay, which the parties wish to avoid, given the fact that this case is now almost seven years old. WHEREFORE, Plaintiff Ricky E. Clark moves for an order of this Court vacating the February 28th hearing date, and reschedule the hearing for a new date, preferably on one of the days of April 4 through 13 inclusive. RESPECTFULLY SUBMITTED this 23rd day of January, 2007.

FRANKLIN D. AZAR & ASSOCIATES, P.C. By: s/L. Dan Rector L. Dan Rector 5536 Library Lane Colorado Springs, CO 80918 Telephone: (719) 527-8000 Telecopier: (719) 550-3926 Email: [email protected] Attorneys for Plaintiff

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Case 1:00-cv-01841-LTB-KLM

Document 194

Filed 01/23/2007

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CERTIFICATE OF SERVICE I hereby certify that on this 23rd day of January, 2007, I electronically filed the foregoing with the Clerk of the Court using the CM/ECF system which will send notification of such filing to the following e-mail addresses: [email protected]; [email protected]; [email protected] [email protected]; [email protected] s/L. Dan Rector L. Dan Rector

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