Free Order - District Court of Colorado - Colorado

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

Document 146

Filed 10/18/2005

Page 1 of 2

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO LEWIS T. BABCOCK, CHIEF JUDGE 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. _____________________________________________________________________________ ORDER VACATING STAY OF EXECUTION OF JUDGMENT _____________________________________________________________________________ The Court held a Hearing today to ascertain if Defendant College Partnership, Inc., (" CPI" had posted a Supersedeas Bond in the amount of $400,000, as required in this Court' ) s Order of October 7, 2005. CPI was represented by Rosemary Orsini and Brian Matise. Plaintiff Student Marketing Group, Inc., (" SMG" was represented by Daniel Scheid and Patrick ) McElhinny. CPI stated that it had not posted the Supersedeas Bond of $400,000. Therefore, it is so ORDERED: 1) The stay of execution of the judgment, including writs of garnishment, ordered in the Order of October 7, 2005 is VACATED; 2) SMG has up to and including October 19, 2005 to file a reply brief on the issue of attorney fees, as stated in the Order of September 19, 2005; 3) CPI may file a sur-reply to SMG' reply, and has up to and including October 26, s 2005 to file this sur-reply; and

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

Document 146

Filed 10/18/2005

Page 2 of 2

4) A hearing on status and scheduling is set for Thursday, November 3, 2005 at 3:00pm. Mr. McElhinny may appear by telephone. DONE and ORDERED, this 18th day of October, 2005 at Denver, Colorado.

s/Lewis T. Babcock United States District Chief Judge