Free Motion for Leave - District Court of Colorado - Colorado

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

Document 137

Filed 10/04/2005

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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 MOTION FOR LEAVE TO FILE SUPPLEMENT TO MOTION FOR APPROVAL AND AWARD OF FEES Plaintiff Student Marketing Group, Inc. ("SMG"), by and through its undersigned counsel, files this Motion for Leave to File Supplement to Motion for Approval and Award of Fees. In support of this Motion, SMG states as follows: Certificate of Compliance Pursuant to Local Rule 7.1, counsel for SMG contacted counsel for Defendant College Partnership, Inc. ("CPI") to determine if this motion would be opposed. CPI opposes this motion. Motion 1. On September 2, 2005, SMG filed its Motion for Approval and Award

of Fees pursuant to the August 22, 2005 order granting summary judgment to SMG.

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

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Filed 10/04/2005

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2.

Pursuant to the Order entered on September 19, 2005 setting a briefing

schedule on SMG's Motion for Approval and Award of Fees, CPI has until October 9, 2005 in which to file its response. 3. In advance of the October 9, 2005 deadline, SMG desires to file its

Supplement to Motion For Approval and Award of Fees attached hereto as Exhibit A. As set forth more fully in Exhibit A, SMG seeks to supplement its Motion for Approval and Award of Fees to: (1) supplement its request to include fees incurred in this matter since September 1, 2005; and (2) reduce the requested costs by the $5,169.32 taxed as costs against CPI on September 28, 2005. 4. First, since SMG filed its original Motion for Approval and Award of

Fees on September 2, 2005, SMG has continued to expend costs, expenses and attorney fees in this matter in responding to new motions filed by CPI. Specifically, as set forth more fully in SMG's Supplement to Motion For Approval and Award of Fees attached hereto as Exhibit A and the accompanying exhibits, SMG has expended an additional $15,910.90 in fees and an additional $2,925.03 in costs since September 1, 2005. 5. Second, on September 9, 2005, SMG submitted its proposed Bill of

Costs in this matter. Subsequently, on September 28, 2005, costs were taxed against CPI in the amount of $5,169.32. Because this $5,169.32 was sought by SMG in its original Motion for Approval and Award of Fees, SMG requests leave to supplement its Motion for Approval and Award of Fees to reflect a reduction in the requested costs based on the amount already taxed against CPI as costs.

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

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4.

For each of the forgoing reasons, SMG seeks leave of this Court to file its

Supplement to Motion for Approval and Award of Fees, a copy of which is attached hereto as Exhibit A. WHEREFORE, Plaintiff Student Marketing Group, Inc. respectfully requests that the Court grant its Motion for Leave to file Supplement to Motion for Approval and Award of Fees and accept the attached Supplement to Motion for Approval and Award of Fees (Exhibit A) for filing. Dated: October 4, 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 Henry W. Oliver Building Pittsburgh, PA 15222 Telephone: (412) 355-6500 Facsimile: (412) 355-6501 Counsel for Plaintiff, Student Marketing Group, Inc.

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

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CERTIFICATE OF SERVICE I hereby certify that on this 4th day of October, 2005, I electronically filed the foregoing STUDENT MARKETING GROUP, INC.'S MOTION FOR LEAVE TO FILE SUPPLEMENT TO MOTION FOR APPROVAL AND AWARD OF FEES with the Clerk of the Court using the CM/ECF system which will send notification of such filing to the following e-mail addresses: Rosemary Orsini, Esquire Brian Matise, Esquire BURG, SIMPSON, ELDREDGE, HERSH, JARDINE, P.C. [email protected] [email protected]

s/Claudia Cooper