Free Status Report - District Court of Colorado - Colorado

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

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Filed 12/15/2005

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 1:04-cv-1258-LTB-BNB STUDENT MARKETING GROUP, INC., Plaintiff, v. COLLEGE PARTNERSHIP, INC., f/k/a COLLEGE BOUND STUDENT ALLIANCE, INC., Defendant. STUDENT MARKETING GROUP, INC.'S STATUS REPORT

Student Marketing Group, Inc. ("SMG"), by and through its counsel, pursuant to the Minute Order entered in this matter on October 28, 2005, hereby files the following Status Report. 1. SMG commenced this action against CPI on June 18, 2004 alleging, among other

things, claims for breach of contract against CPI for CPI's failure to pay SMG pursuant to the terms of the contractual relationship between the parties. 2. 3. CPI filed counterclaims against SMG alleging damages in excess of $1.5 Million. On August 22, 2005, the Court granted summary judgment to SMG on all claims,

finding that CPI breached the Agreement and that: "SMG is entitled to damages of $127,462.59 plus costs and expenses, including attorney fees." 4. On September 2, 2005, SMG filed a Motion for Approval and Award of Fees.

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5.

After various submissions from both parties, the parties negotiated a settlement of

all remaining claims, including CPI's obligation to reimburse SMG for its attorneys' fees in this matter. That settlement eventually was memorialized in the Settlement Agreement between the parties. 6. In light of the settlement discussions between the parties, on October 28, 2005,

this Court entered a Minute Order vacating the status/scheduling hearing previously set for November 3, 2005. The Minute Order also held in abeyance Plaintiff's Motion for Approval and Award of Fees filed September 2, 2005 and stayed the matter until December 15, 2005 at which time the parties were directed to file a status report with the Court. 7. CPI already paid SMG $133,389.98 which represents the original judgment, plus

interest and certain costs. The only outstanding issue is the amount of SMG's attorneys' fees award against CPI. Pursuant to the terms of the Settlement Agreement, SMG compromised its claims for attorney fees and CPI was to make three payments to SMG totaling $167,200, the first of which was due on December 1, 2005 in the amount of $75,000. 8. As set forth more fully in SMG's Motion to Vacate Stay, CPI failed to make the

first of three payments to SMG on December 1, 2005, thereby breaching the Settlement Agreement. 9. The Settlement Agreement provides that if CPI fails to make its required

payments to SMG, SMG is entitled to file a motion to vacate the stay entered in this matter on October 28, 2005 and to request the Court to rule on SMG's pending Motion for Attorney Fees: In the event that CPI fails to timely make the $75,000 payment due on December 1, 2005 or the $75,000 payment due on December 15, 2005, SMG may request the District Court immediately vacate the stay entered by the District Court's order dated October 28 2005 and to rule as soon as practicable upon SMG's pending motion for attorneys' fees upon receipt of CPI's Sur-Reply within five (5) business days; CPI will not oppose the motion to vacate stay.

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Settlement Agreement, pp. 2-3, ¶ 2. 10. SMG filed its Unopposed Motion to Vacate Stay on December 6, 2005. This

Motion was granted on December 9, 2005. 11. Pursuant to the Order entered on December 9, 2005, the stay in this matter has

been vacated and CPI is required to file its Sur-Reply to Plaintiff's Motion for Approval and Award of Fees by Friday, December 16, 2005. 12. The remaining issue before the Court in this matter is SMG's Motion for

Approval and Award of Fees. 13. Accordingly, SMG respectfully requests that the Court make a ruling upon

SMG's Motion for Approval and Award of Fees or schedule a hearing on this matter, as soon as practicable after Friday, December 16, 2005.

Dated: December 15, 2005

Respectfully submitted: s/R. Daniel Scheid ______________ LEWIS SCHEID LLC R. Daniel Scheid River Point Building 2300 Fifteenth Street, Suite 320 Denver, CO 80202 Telephone: (303) 534-5040 Facsimile: (303) 534-5039 KIRKPATRICK & LOCKHART NICHOLSON GRAHAM LLP Patrick J. McElhinny, Esquire Dianna S. Karg, Esquire 535 Smithfield Street Pittsburgh, PA 15222 Telephone: (412) 355-6500 Facsimile: (412) 355-6501 Counsel for Plaintiff, Student Marketing Group, Inc. 3

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CERTIFICATE OF SERVICE I hereby certify that on this 15th day of December, 2005, I electronically filed the foregoing STUDENT MARKETING GROUP, INC.'S STATUS REPORT with the Clerk of the Court using the CM/ECF system which will send notification of such filing to the following email addresses: Rosemary Orsini, Esquire Brian Matise, Esquire BURG, SIMPSON, ELDREDGE, HERSH, JARDINE, P.C. [email protected] [email protected]

s/Claudia Cooper