Free Motion to Seal Document - District Court of Colorado - Colorado

Case 1:04-cv-01255-RPM-CBS

Document 23

Filed 06/24/2005

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 04-cv-1255-RPM-CBS VERNA SUE PERRY, Plaintiff, v. OFFICER SHAWN OLIVETT #0201, in her individual and official capacity, OFFICER JOE THOMAS #0203, in his individual and official capacity, OFFICER STEVE VAN DE WEERT #0202, in his individual and official capacity, THE CITY OF EDGEWATER, Colorado Defendants. ______________________________________________________________________________ MOTION TO SEAL PLAINTIFF'S MOTION TO COMPEL AND REQUEST FOR SANCTIONS FILED ON JUNE 8, 2005 ______________________________________________________________________________ Plaintiff Verna Perry, by and through her counsel, KILLMER, LANE & NEWMAN LLP and Cynthia Sheehan, Esq., pursuant to D.C.COLO.L.CIV.R. 7.2, hereby moves the Court to seal Plaintiff's Motion to Compel Discovery and Request for Sanctions, filed June 8, 2005, and in support thereof states as follows: 1. A Stipulation and Protective Order was entered into by the parties and made an

order of the Court on September 24, 2004. 2. On June 8, 2005, Plaintiff filed a Motion to Compel Discovery and Request for

Sanctions. Three of the exhibits submitted with Plaintiff's motion to compel (Exhibits 2, 3, and 6) contain responses that fall within the terms of the Stipulation and Protective Order. Furthermore, the motion to compel itself cites language from the exhibits that fall within the

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Case 1:04-cv-01255-RPM-CBS

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Filed 06/24/2005

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provisions of the Stipulation and Protective Order. 3. Inadvertently, the motion to compel and associated exhibits were not filed under

seal pursuant to D.C.COLO.L.CIV.R. 7.2 and 7.3 as is required under the terms of the Stipulation and Protective Order. 4. Plaintiff therefore requests that the Court order that her Motion to Compel and

Request for Sanctions filed June 8, 2005, together with all associated exhibits, be sealed as if filed under D.C.COLO.L.CIV.R. 7.2 and 7.3. 5. Pursuant to D.C.COLO.L.CIV.R. 7.1A, undersigned counsel hereby certifies that on

June 22 and June 24, 2005, he conferred with Bernard Woessner, counsel for Defendant Thomas, who does not oppose the relief requested in this Motion. Respectfully submitted this 24th day of June, 2005. KILLMER, LANE & NEWMAN, LLP /s/ Marcel Krzystek ______________________________________ David A. Lane Marcel Krzystek The Odd Fellows Hall 1543 Champa Street, Suite 400 Denver, Colorado 80202 (303) 571-1000 (303) 571-1001 (FAX) Cynthia J. Sheehan, Esq. 1439 Court Place Denver, CO 80202 Telephone: (303) 830-7775 ATTORNEYS FOR PLAINTIFF

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Case 1:04-cv-01255-RPM-CBS

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Filed 06/24/2005

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CERTIFICATE OF SERVICE I hereby certify that on the 24th day of June, 2005, I electronically filed the foregoing with the Clerk of Court using the CM/ECF system which will send notification of such filing to the following e-mail addresses:
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Gillian Marie Flener [email protected]; [email protected]; [email protected] J. Andrew Nathan [email protected]; [email protected] Cynthia Jo Sheehan [email protected] Bernard Roland Woessner [email protected]; [email protected] KILLMER, LANE & NEWMAN LLP /s/ Marcel Krzystek Marcel Krzystek Attorneys for Plaintiff 1543 Champa St., Suite 400 Denver, Colorado 80202 (303) 571-1000 (303) 571-1001 ­ FAX [email protected]

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