Free Order on Motion for Extension of Time to File Response/Reply - District Court of Colorado - Colorado

Case 1:04-cv-01258-LTB-BNB

Document 97

Filed 07/06/2005

Page 1 of 2

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO LEWIS T. BABCOCK, CHIEF JUDGE Civil Case No. 04-cv-01258-LTB-BNB STUDENT MARKETING GROUP, INC., Plaintiff, v. COLLEGE PARTNERSHIP, INC., f/k/a COLLEGE BOUND STUDENT ALLIANCE, INC., Defendant. ______________________________________________________________________________ ORDER ______________________________________________________________________________ For the reasons stated on the record during the July 6, 2005, hearing on Defendant' Motion s to Continue Trial and Trial Preparation Conference, it is HEREBY ORDERED that: (1) Defendant' Motion to Continue Trial and Trial Preparation Conference, filed on June s 24, 2005 [# 89], is GRANTED. The final trial preparation conference hearing set on July 14, 2005, at 8:00 a.m., and the 5-day jury trial scheduled to commence on August 15, 2005, at 8:00 a.m., are VACATED. (2) Plaintiff' Motion to Strike the Response, filed on June 16, 2005 [#84], is DENIED. s Defendant' untimely Response to Plaintiff' motion for summary judgment, filed on June 1, 2005, s s is thus ACCEPTED & FILED by the court. (3) Plaintiff' Motion for Leave to File Response to Plaintiff' Motion for Summary s s Judgment Out of Time, filed on June 27, 2005 [#92], is GRANTED. Plaintiff has ten days from the date of this order to file its Reply to the Defendant' Response to Plaintiff' Motion for s s Summary Judgment;

Case 1:04-cv-01258-LTB-BNB

Document 97

Filed 07/06/2005

Page 2 of 2

(4) A status hearing is set in this matter for Friday, July 22, 2005, at 9:00 a.m. Plaintiff' s out-of-town counsel, Matthew S. McElhiney, is permitted to attend via phone conference; (5) All pending motions in this matter will be heard on Wednesday, August 17, 2005, at 9:00 a.m.; (6) The final trial preparation conference is set for Friday, September 23, 2005, at 9:30 a.m. Prior to that hearing, counsel for both parties will submit the following to the court: a. A joint exhibit list containing stipulations and objections as to admissibility of each proposed exhibit, including the relevant rule of exclusion where there is an objection to the specific exhibit; b. Witness lists containing an estimated time for the trial testimony of each witness; c. Proposed voir dire questions; d. A joint set of proposed annotated jury instructions ­one set submitted on paper and a duplicate set submitted on diskette in WordPerfect Version 9 ­ that indicate disputes in capital letters (for Plaintiff' proposed language) and brackets (for Defendant' proposed s s language), pursuant to my instructions in open court.

(7) The 5-day jury trial is set as a priority setting, to commence on Monday, October 3, 2005, at 8:30 a.m.

Dated: July

6 , 2005 in Denver, Colorado.

BY THE COURT:

s/Lewis T. Babcock Lewis T. Babcock, Chief Judge