Free Motion for Order - District Court of Colorado - Colorado

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

Document 179

Filed 09/01/2006

Page 1 of 2

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.

JOINT MOTION FOR ENTRY OF ORDER SETTING STATUS CONFERENCE

The parties, by and through their respective counsel, move this Honorable Court for entry of an order setting a Status Conference in this matter for the purpose of addressing the

disposition of any and all remaining issues. The parties respectfully request that such status conference be set on or after September 26, 2006 due to the unavailability of lead trial counsel for State Farm for substantial portions of the first three weeks of September, 2006.. As grounds for this request, the parties state as follows: 1. 2. This lawsuit was originally filed on August 24, 2000. It has twice been the subject of an appeal to the United States 10th Circuit Court of

Appeals in the matters of Clark v. State Farm, 01-1341, and Clark v. State Farm, 04-1022 and 04-1023. On December 19, 2003, between the two appeals, this Court conducted an evidentiary hearing which resulted in the reformation of the subject insurance policy, which decision was

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

Document 179

Filed 09/01/2006

Page 2 of 2

reported in Clark v. State Farm, 319 F.3d 1234 (10th Cir. 2003). 3. The case has now be remanded a second time from the United States 10th Circuit

Court of Appeals and awaits further proceedings in the District Court. 4. Lead trial counsel for State Farm is scheduled to be out of the country from

September 12, 2006, through September 25, 2006, and prior to September 12, 2006, has numerous professional obligations which make it impossible for him to attend any Status Conference prior to September 26, 2006. WHEREFORE, the parties jointly request that the Court enter an order setting a status conference in this matter on or after September 26, 2006. Respectfully submitted this 1st day of September, 2006. 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 Robert B. Carey Leif Garrison THE CAREY LAW FIRM 2301 East Pikes Peak Colorado Springs, CO 80909 Telephone: (719) 635-0377 Attorneys for Plaintiff FAEGRE & BENSON LLP By: /s Mark W. Fischer Michael S. McCarthy Mark W. Fischer 1700 Lincoln Street, Suite 3200 Denver, Colorado 80203 Telephone: (303) 607-3500 Attorneys for Defendant