Free Notice (Other) - District Court of Colorado - Colorado

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

Document 221

Filed 04/11/2006

Page 1 of 3

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 04-cv-1258-LTB-BNB STUDENT MARKETING GROUP, INC., Plaintiff, v. COLLEGE PARTNERSHIP, INC., f/k/a COLLEGE BOUND STUDENT ALLIANCE, INC., Defendant. _____________________________________________________________________________ AMENDED NOTICE OF APPEAL ______________________________________________________________________________

Defendant College Partnership, Inc. ("College Partnership"), by and through its counsel, Rosemary Orsini and Brian K. Matise of Burg Simpson Eldredge Hersh & Jardine, P.C., pursuant to Fed. R. App. P. 4(a)(4)(B)(ii) and 3(c), hereby gives notice that it is appealing to the United States Court of Appeals for the Tenth Circuit the Amended Judgment filed in this matter on April 5, 2006, and entered on the docket on April 6, 2006 [Docket No. 220], together with the Order entered by Hon. Lewis T. Babcock, Chief District Judge, on April 3, 2006, [Docket No. 218] and the Order entered by the Hon. Lewis T. Babcock, Chief District Judge, on December 28, 2005 [Docket No. 166]. In accordance with Fed. R. App. P. 4(a), this Notice of Appeal is timely because it is filed within 30 days after entry of the final judgment in this matter. In accordance with Fed. R. App. P. 4(a)(4)(B)(iii), no additional fee is required to file this Amended Notice of Appeal because a docket fee has already been paid in connection with the appeal of the Judgment entered January 3, 2006 that was amended by the Court's Order.

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

Document 221

Filed 04/11/2006

Page 2 of 3

Notice is further given that the Tenth Circuit Court of Appeals has docketed this appeal as No. 06-1046. WHEREFORE, Defendant College Partnership, Inc., gives notice of its appeal of the Amended Judgment and related Order to the United States Court of Appeals for the Tenth Circuit.

DATED:

April 11, 2006. Respectfully submitted, BURG SIMPSON ELDREDGE HERSH & JARDINE, P.C. (Original Signature on File) /s/Brian K. Matise Brian K. Matise 40 Inverness Drive East Englewood, Colorado 80112 Telephone: (303) 792-5595 Facsimile: (303) 708-0527 ATTORNEYS FOR DEFENDANT COLLEGE PARTNERSHIP, INC. CERTIFICATE OF SERVICE

I hereby certify that on April 11, 2006 I electronically served this document on the undersigned counsel by the CM/ECF system: Gary Parish, Esq. R. Daniel Scheid, Esq. Sander, Scheid, Ingebretsen, Miller & Parish P.C. 700 17th St., Suite 2200 Denver, CO 80202 Patrick J. McElhinny, Esq. Dianna S. Karg, Esq. Kirkpatrick & Lockhart LLP 535 Smithfield St. Henry W. Oliver Building Pittsburgh, PA 15222 -2-

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

Document 221

Filed 04/11/2006

Page 3 of 3

(Original Signature on File) s/Maureen Gedeon

-3-