Free Motion for Leave to Appear - District Court of Colorado - Colorado

Case 1:00-cv-02285-JLK-CBS

Document 158

Filed 11/03/2006

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO

Civil Action No. 00-cv-2285-JLK-CBS GREGORY A. STROCK Plaintiff, v. USA CYCLING, INC., UNITED STATES CYCLING FEDERATION, INC., and RENE WENZEL, Defendants.

MOTION TO ALLOW DEFENDANT RENE WENZEL TO APPEAR THROUGH COUNSEL

Defendant, RENE WENZEL, by and through his counsel, THE KELLY LAW FIRM, L.L.C., through REID B. KELLY, respectfully submits this Motion to allow him to appear through counsel regarding the hearing scheduled for November 7, 2006. As grounds in support of this Motion, it is represented as follows:

1.

On October 20, 2006, this Court entered a Minute Order setting this matter for

hearing on Plaintiff's Motion to Enforce or Finalize the Resolution (doc. No. 153). The hearing was set for November 7, 2006 at 11:30 a.m (MST). Since that time, the parties have continued to attempt in good faith to resolve the issues among themselves regarding settlement of this case so that a hearing would not be necessary. All but one issue has been resolved among the parties. The undersigned learned just two days ago that the parties would not be able to resolve that issue without Court involvement. 2. Mr. Wenzel, who lives in the State of Oregon, had made arrangements to fly to

Denmark prior to the Court scheduling this hearing. His plane will be en route at the time of the

Case 1:00-cv-02285-JLK-CBS

Document 158

Filed 11/03/2006

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hearing, and therefore would not be available by telephone either. Mr. Wenzel called the airlines to attempt to rearrange his flight schedule and learned that he could not change his flight without incurring substantial financial penalty. 3. Undersigned counsel has conferred with Mr. Wenzel, and Mr. Wenzel requested

that he be allowed to appear at the hearing through undersigned counsel. The undersigned plans to appear in person for the scheduled hearing and has full settlement authority to act on behalf of Mr. Wenzel. 4. Therefore, Mr. Wenzel respectfully moves this to Court to allow him to appear at

the hearing through the undersigned counsel, without requiring him to appear in person. 5. Undersigned counsel has conferred with counsel for Defendants USA Cycling and

United States Cycling Federation, Inc., and Plaintiff's counsel. Neither Mr. Senter nor Mr. Pineau has any objection to Mr. Wenzel's appearing only through counsel at the scheduled hearing. WHEREFORE, based upon the foregoing grounds, it is respectfully requested that Mr. Wenzel be allowed to appear only through undersigned counsel at the hearing set for November 7, 2006 at 11:30 a.m. (MST).

Respectfully submitted,

s/ Reid B. Kelly Reid B. Kelly The Kelly Law Firm, L.L.C. Attorneys for Defendant Rene Wenzel 4440 N. Pagosa Blvd. Pagosa Springs, CO 81147 Telephone: (970) 731-3710 E-mail: [email protected]

Case 1:00-cv-02285-JLK-CBS

Document 158

Filed 11/03/2006

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CERTIFICATE OF SERVICE I HEREBY CERTIFY that on this 3rd day of November, 2006, I electronically filed the foregoing MOTION TO ALLOW RENE WENZEL TO APPEAR THROUGH COUNSEL with the Clerk of the Court using the CM/ECF system, which will send notification of such filing to the following e-mail addresses: John Kenneth Pineau, Esq. [email protected] William L. Senter, Esq. [email protected]

s/ Lisa C. Nichols Lisa C. Nichols E-mail: [email protected] Legal Assistant to Reid B. Kelly