Free Response to Motion - District Court of Colorado - Colorado

Case 1:04-cv-01825-ZLW-BNB

Document 100

Filed 12/30/2005

Page 1 of 3

United States District Court for the District of Colorado
Civil Action File No. THE ESTATE OF CHANDA JOHNSON, Deceased by DORRIS RICHARDSON, Personal Representative, Plaintiff, V. AVAYA COMMUNICATION, INC. A Delaware Corporation, Defendant. ) ) ) ) ) ) ) ) ) ) ) ) ) 04-cv-01825-ZLB-BNB

PLAINTIFF'S RESPONSE TO DEFENDANT'S MOTION FOR SUMMARY JUDGMENT BASED UPON SETTLEMENT

COMES NOW Dorris Richardson, Personal Representative of the Estate of Chanda Johnson, by and through her attorney Larry Carroll of the Law Office of Larry Carroll, P.C. and responds to Defendant's Motion For Summary Judgment Based Upon Settlement and as grounds therefore states unto the Court as follows: 1. That Plaintiff engaged in settlement discussions and reached a token settlement on the 11th day October of 2005. 2. That settlement papers were not submitted until October 18, 2005 at which time Plaintiff was required to sign the Release before she could receive the Settlement Draft. She refused to sign the Release and revoked her acceptance of the Settlement Offer before it was accepted. 3. That Defendant previously filed a Motion for Summary Judgment under F.R.C.P. 56, which has never been heard or disposed of in this case and Defendant's current Motion is duplicious and cumulative of the original Motion for Summary Judgment. 4. That trial date was cancelled pending Court Mediation that was held on November 29, 2005, which Plaintiff did cooperate with the Court in attempting to resolve the dispute and has filed an Offer of Judgment for $10,000.00 in this case which is appropriately twice the amount negotiated by Decedent's Labor Union and the Defendant in this case. WHEREFORE the Plaintiff requests that the Defendant's Motion for Summary Judgment be denied and the matter be reset upon Notice of the Trial Docket for Disposition.

Case 1:04-cv-01825-ZLW-BNB

Document 100

Filed 12/30/2005

Page 2 of 3

Dated: December 30, 2005 Original signatures on file at the Law Office of Larry Carroll, P.C. /s/ Larry Carroll Larry Carroll # 3028 Attorney for Personal Representative 1900 Grant St., Ste. 650 Denver, CO 80203 720-377-0135

CERTIFICATE OF MAILING I, the undersigned, herby certify that on the 30th day of December 2005 I e-filed via LexisNexis and/or delivered a true and correct copy of the foregoing PLAINTIFF'S
RESPONSE TO DEFENDANT'S MOTION FOR SUMMARY JUDGMENT BASED UPON SETTLEMENT via the U.S. Mail, postage prepaid and addressed to the following:

Patrick J. Miller SHERMAN & HOWARD, L.L.C. DC BOX 12 663 Seventeenth Street, Suite 3000 Denver, CO 80202 Tel: (303) 297-2900 Fax: (303) 298-0940
Original signature on file at the Law Office of Larry Carroll, P.C. ________________________________ Angela Bender, Paralegal

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Case 1:04-cv-01825-ZLW-BNB

Document 100

Filed 12/30/2005

Page 3 of 3

United States District Court for the District of Colorado
Civil Action File No. THE ESTATE OF CHANDA JOHNSON, Deceased by DORRIS RICHARDSON, Personal Representative, Plaintiff, V. AVAYA COMMUNICATION, INC. A Delaware Corporation, Defendant. ) ) ) ) ) ) ) ) ) ) ) ) ) 04-cv-01825-ZLB-BNB

ORDER This Court having reviewed the Plaintiff's Response to Defendant's Motion for Summary Judgment Based Upon Settlement hereby ORDERS that Defendant's Motion for Summary Judgment Based Upon Settlement be denied and this matter be reset upon the Trial Docket for Disposition Dated this __________ December/January 2005/2006.

BY THE COURT

__________________________ United States District Court Judge

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