Free Motion to Continue - District Court of Colorado - Colorado

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

Document 89

Filed 06/24/2005

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO

Civil Action No. 04cv-1258-LTB-BNB STUDENT MARKETING GROUP, INC., Plaintiff, v. COLLEGE PARTNERSHIP, INC., f/k/a COLLEGE BOUND STUDENT ALLIANCE, INC., Defendant. ______________________________________________________________________________ MOTION TO CONTINUE TRIAL AND TRIAL PREPARATION CONFERENCE ______________________________________________________________________________ Defendant College Partnership, Inc. ("College Partnership"), by and through its counsel, Rosemary Orsini of the law firm of Burg Simpson Eldredge Hersh & Jardine, P.C., hereby respectfully requests that the Court issue an Order continuing the trial preparation conference set in this matter for July 14, 2005 and the trial in this matter set for August 15, 2005, and resetting the the trial preparation conference and trial dates. As grounds therefor, Defendant states as follows: CERTIFICATE OF COMPLIANCE Pursuant to D.C.COLO.LCivR. 7.1, Rosemary Orsini, counsel for Defendant conferred telephonically with Dianna Karg, counsel for Plaintiff, on June 20, 2005. On June 23, 2005, Ms. Karg informed Ms. Orsini that the motion was opposed. MOTION 1. The Court has set a trial preparation conference in this matter for July 14, 2005 at

8:00 a.m. and a Jury Trial set to begin August 15, 2005.

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2.

Magistrate Judge Boland recently issued an Order vacating a hearing on Plaintiff's

Motion to Compel Discovery which was originally set for June 16, 2005 and resetting the hearing for July 15, 2005 at 10:00 a.m. 3. Plaintiff's Motion to Compel Discovery seeks extensive additional discovery in this

matter. If the motion is granted in whole or in part, additional discovery would be required just weeks before the trial date and after the trial preparation conference. 4. The Trial Preparation Conference on July 14, 2005 is unlikely to be productive in

view of the fact that the parties will not be in a position to inform the Court of the status of the case and remaining discovery prior to Magistrate Judge Boland's ruling on the Motion to Compel, which will not be until the July 15, 2005 hearing at the earliest. 5. In view of the fact that Magistrate Judge Boland has reset the hearing on the Motion

to Compel, Defendant requests the Court to vacate and reset the Trial Preparation Conference and Trial to a date convenient for the Court. 6. This Motion is made in good faith, and not to delay this matter unnecessarily. No

party will be prejudiced by the requested continuance. 7. Pursuant to Local Rule D.C.COLO.LCivR 6.1 (D), a copy of this Motion is being

served on all counsel of record and the moving party's client. WHEREFORE, Defendant respectfully requests that the Court enter Orders as follows: A. Vacating the trial preparation conference in this matter, currently set for July 14, 2005 at 8:00 a.m.; B. C. Vacating the jury trial in this matter, currently set to begin August 15, 2005; Resetting the trial preparation conference and jury trial to a date of the Court's -2-

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convenience after the hearing on Plaintiff's Motion to Compel; and D. Granting such other and further relief as the Court deems just and proper.

DATED this 24th day of June, 2005.

Respectfully submitted, BURG SIMPSON ELDREDGE HERSH & JARDINE, P.C.

/s/ Sharla Sheeks Rosemary Orsini 40 Inverness Drive East Englewood, Colorado 80112 Telephone: (303) 792-5595 Facsimile: (303) 708-0527 ATTORNEYS FOR DEFENDANT COLLEGE PARTNERSHIP, INC.

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CERTIFICATE OF SERVICE I hereby certify that on this 24th day of June, 2005, I served a true and complete copy of the foregoing MOTION TO CONTINUE TRIAL AND TRIAL PREPARATION CONFERENCE by depositing same in the United States mail, first class postage prepaid, to the following:

R. Daniel Scheid, Esq. Lewis Meyers & Schied, LLC 2300 15th St., # 320 Denver, CO 80202 Patrick J. McElhinny, Admission Pending Dianna S. Karg, Admission Pending Kirkpatrick & Lockhart LLP 535 Smithfield St. Henry W. Oliver Building Pittsburgh, PA 15222 Mr. Wade Mezey College Partnership, Inc. 333 S. Allison Parkway, Suite 100 Lakewood, CO 80226

/s/ Sharla Sheeks Sharla Sheeks

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