Free Response to Motion - District Court of Colorado - Colorado

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

Document 123

Filed 09/20/2005

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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 SUPPLEMENTAL RESPONSE TO COLLEGE PARTNERSHIP, INC.'S MOTION FOR APPROVAL OF SUPERSEDEAS BOND In further response to College Partnership, Inc.'s ("CPI's") Motion for Supersedeas Bond ("Motion"), Student Marketing Group, Inc. ("SMG") files the attached Form 8-K, which CPI filed with the Securities and Exchange Commission today. The Form 8-K was signed by Janice A. Jones, CPI's Executive Vice President/Director and the affiant in support of CPI's Motion; it establishes that a third party, Culver Trading LLC, made an investment in CPI valued at $4 million on September 14, 2005, just six (6) days after CPI filed its Motion in this case. As SMG has previously noted, CPI conspicuously failed to provide to the Court any affidavit regarding its present financial condition, leaving it to SMG to provide the most recent financial information available; that information is dated as of April 1, 2005. CPI's Reply likewise failed to provide any additional or more current financial information, and instead discussed only the out-dated information that SMG had been forced to rely upon. The new investment reflected in the Form 8-K filed today, which was not reflected in any information

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

Document 123

Filed 09/20/2005

Page 2 of 3

provided to the Court, materially changes CPI's financial position. SMG respectfully requests that the Court consider it and CPI's failure to provide any information about its present financial condition and deny CPI's Motion. Dated: September 20, 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.

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

Document 123

Filed 09/20/2005

Page 3 of 3

CERTIFICATE OF SERVICE I hereby certify that on this 20th day of September, 2005, I electronically filed the foregoing STUDENT MARKETING GROUP, INC.'S SUPPLEMENTAL RESPONSE TO COLLEGE PARTNERSHIP, INC.'S MOTION FOR APPROVAL OF SUPERSEDEAS BOND 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