Free Motion for Leave - District Court of Colorado - Colorado

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

Document 125

Filed 09/20/2005

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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. ______________________________________________________________________________ OPPOSED MOTION FOR LEAVE TO FILE SUPPLEMENTAL REPLY IN SUPPORT OF MOTION FOR SUPERSEDEAS BOND _____________________________________________________________________________ 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., hereby moves for leave of the Court to file a Supplemental Reply in support of its Forthwith Motion for Approval of Supersedeas Bond. In support of its Motion, Defendant states as follows:

1.

On September 20, 2005, Plaintiff filed "Student Marketing Group, Inc.'s Supplemental Response to College Partnership, Inc.'s Motion for Approval of Supersedeas Bond" (hereinafter "Supplemental Response").

2.

Plaintiff raises a new issue in its Supplemental Response that College Partnership has not had the opportunity to address in its Reply: namely, whether College Partnership's acquisition of Media Credits valued at $4 million in exchange for 1 million shares of Preferred Stock constitutes a "material change" in College

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

Document 125

Filed 09/20/2005

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Partnership's financial position, which would enable College Partnership to post a supersedeas bond. 3. College Partnership seeks to reply to that issue, by filing the attached Supplemental Reply (attached as Exhibit A). 4. LOCAL RULE D.C.COLO.LCivR. 7.1 CERTIFICATION: Undersigned counsel contacted Dianna Karg and Patrick McElhinny via email, and also attempted to contact R. Daniel Scheid by telephone (leaving a voice mail message for "high priority delivery") to determine if this motion would be opposed. Plaintiff opposes this Motion.

WHEREFORE, Defendant College Partnership respectfully requests that the Court grant the Motion for Leave to File Supplemental Reply and accept the attached Supplemental Reply (Exhibit "A") for filing.

DATED this 20th day of September, 2005. Respectfully submitted, BURG SIMPSON ELDREDGE HERSH & JARDINE, P.C. (Original Signature On File)

/s/Brian K. Matise 40 Inverness Drive East Englewood, Colorado 80112 Telephone: (303) 792-5595 Facsimile: (303) 708-0527 ATTORNEYS FOR DEFENDANT COLLEGE PARTNERSHIP, INC. -2-

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

Document 125

Filed 09/20/2005

Page 3 of 3

CERTIFICATE OF SERVICE I hereby certify that on this 20th day of September, 2005, I filed and/or served a true and complete copy of the foregoing OPPOSED MOTION FOR LEAVE TO FILE SUPPLEMENTAL REPLY, to the following: 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 (Original Signature on File)

_________________________________ /s/Keri L. Dugan

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