Free Motion to Withdraw Document - District Court of Colorado - Colorado

Case 1:04-cv-01264-LTB-PAC

Document 45

Filed 04/24/2006

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UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 04-cv-01264-LTB-PAC MARY M. HULL, Plaintiff, v. UNITED STATES DEPARTMENT OF LABOR, Defendant.

DEFENDANT'S MOTION TO WITHDRAW PENDING SUMMARY JUDGMENT MOTION (Docket No. 31)

Defendant, the United States Department of Labor ("DOL" or the "Department"), through counsel, moves to withdraw its "Motion for Summary Judgment Re Certain Electronic Documents and Service Contracts," filed January 11, 2006. See Docket No. 31. The basis for this motion is that plaintiff's counsel has stated to defendant's counsel that plaintiff does not contest defendant's assertion in its January 11, 2006 summary judgment motion that defendant has provided to plaintiff all releasable responsive documents at issue in defendant's January 11 motion. Plaintiff's counsel agrees that defendant's January 11 motion is moot. Furthermore, plaintiff's counsel has

Case 1:04-cv-01264-LTB-PAC

Document 45

Filed 04/24/2006

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stated to defendant's counsel that the only issue remaining to be resolved in this case is whether plaintiff is entitled to attorney's fees and costs. Defendant therefore submits that its "Motion for Summary Judgment Re Certain Electronic Documents and Service Contracts," filed January 11, 2006, should be withdrawn and need not be resolved or ruled on by the Court. Dated: This 24 th day of April, 2006. Respectfully submitted, WILLIAM J. LEONE United States Attorney

s/ Michael C. Johnson Michael C. Johnson Assistant United States Attorney 1225 Seventeenth Street, Suite 700 Denver, Colorado 80202 Telephone: (303) 454-0134 FAX: (303) 454-0408 E-mail: [email protected] Counsel for Defendant

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Case 1:04-cv-01264-LTB-PAC

Document 45

Filed 04/24/2006

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CERTIFICATE OF SERVICE I hereby certify that on this 24 th day of April, 2006, I electronically filed the foregoing document with the Clerk of the Court using the CM/ECF system, which will forward the document to the following CM/ECF participant at the following e-mail address: Curtis L. Kennedy [email protected]

s/ Michael C. Johnson Michael C. Johnson Attorney for Defendant United States Attorney's Office 1225 Seventeenth Street, Suite 700 Denver, Colorado 80202 Telephone: (303) 454-0134 FAX: (303) 454-0408 E-mail: [email protected]

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