Free Response to Motion - District Court of Colorado - Colorado

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

Document 156

Filed 10/24/2006

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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.

RESPONSE TO MOTION TO RESOLVE

Defendants,

USA

CYCLING,

INC.

and

UNITED

STATES

CYCLING

FEDERATION, INC., by and through their counsel, SENTER GOLDFARB & RICE, L.L.C., through WILLIAM L. SENTER, respectfully respond to the Motion to Resolve and seek relief regarding the hearing scheduled for November 7, 2006. As grounds in support, it is represented as follows: 1. Undersigned counsel is scheduled to start a three-week jury trial in the courtroom

of the Honorable Joseph E. Meyer, III, Denver District Court, on October 30, 2006. The case is captioned as Valerie Markle, et al. v. Ogden Resurrection Project, Inc., et al., Case No. 05cv1221, Division 18. At the time of our five-hour trial management conference with Judge Meyer on October 20, 2006, all counsel were advised that the trial is a go. 2. In the event of a last minute resolution involving my client, undersigned counsel

is scheduled to be out of state on November 7, 2006.

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

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Filed 10/24/2006

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3.

Therefore, under both of the above scenarios, undersigned counsel would be

unavailable, but would make himself available to participate in the scheduled hearing by telephone. 4. As grounds in further support of the relief sought, it is represented that

undersigned counsel has conferred with Plaintiff's counsel, and Mr. Pineau has no objection to allow the undersigned counsel to participate by telephone. Furthermore, undersigned counsel and counsel for the Plaintiff have previously agreed upon the language in dispute. WHEREFORE, based upon the foregoing grounds, it is respectfully requested that undersigned counsel be permitted to participate in the hearing set for November 7, 2006 at 11:30 a.m. (MST) by calling (303) 844-2117.

Respectfully submitted,

s/ William L. Senter William L. Senter SENTER GOLDFARB & RICE, L.L.C. Attorneys for Defendants ­ USA Cycling, Inc., and United States Cycling Federation, Inc. 1700 Broadway, Suite 1700 Denver, Colorado 80290 Telephone: (303) 320-0509 E-mail: [email protected]

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

Document 156

Filed 10/24/2006

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CERTIFICATE OF SERVICE I HEREBY CERTIFY that on this 24th day of October, 2006, I electronically filed the foregoing RESPONSE TO MOTION TO RESOLVE 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] Reid B. Kelly [email protected]

s/ Julie A. Kurth ___________________ Julie A. Kurth E-mail: [email protected] Secretary for Attorney William L. Senter

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