Free Motion to Vacate - District Court of Colorado - Colorado

Case 1:04-cv-01146-LTB-CBS

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Filed 01/27/2006

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 04-cv-01146-LTB-CBS GARY S. COHEN, Plaintiff, v. INFOLINK SCREENING SERVICES, INC., a California corporation; and PHOENIX RESEARCH, INC., an Ohio corporation, Defendants.

STIPULATED MOTION TO VACATE TRIAL DATE AND REQUEST FOR EXPEDITED RULING

Plaintiff Gary S. Cohen ("Mr. Cohen"), Defendant Infolink Screening Services, Inc. ("Infolink") and Defendant Phoenix Research, Inc. ("Phoenix"), by and through their respective counsel, move this honorable Court for an expedited Order vacating the April 24, 2006 trial date, AND AS GROUNDS THEREFOR, state as follows: 1. Reporting Act. 2. Pursuant to the Court's April 26, 2005 Minute Order, this case is set for a This is an action for alleged negligence and violations of the Fair Credit

five-day trial to a jury commencing April 24, 2006. A Final Pretrial Conference with Magistrate Shaffer is set for 9:30 a.m. on February 1, 2006.

Case 1:04-cv-01146-LTB-CBS

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3.

Subsequent to the trial date being set, Plaintiff sought to join Phoenix as

an additional defendant. The motion to amend was granted on June 2, 2005; however, Plaintiff's counsel was unable to serve Phoenix until mid July 2005. 4. On July 19, 2005, Magistrate Schaffer held a telephonic conference with

counsel for Plaintiff and Infolink. Magistrate Schaffer ordered all counsel to confer following the entry of appearance by Phoenix's counsel, to discuss the discovery deadlines and determine if the trial could still be tried in five days. 5. Phoenix filed its Answer to Plaintiff's Second Amended Complaint on

August 3, 2005, which included cross claims against Infolink. Infolink filed its Answer to the cross claims on August 26, 2005. 6. Counsel for all parties held a Rule 26(f) meeting on October 11, 2005, and

discussed the need for new discovery deadlines and the filing of an Amended Scheduling Order. An Amended Scheduling Order was subsequently circulated and has been finalized. A copy of the proposed Amended Scheduling Order is attached. Counsel also agreed that the addition of Phoenix as a defendant required vacating the April 24, 2006 trial date. 7. On January 27, 2006, counsel notified Magistrate Shaffer of their intention

to file a motion to vacate the trial date. Magistrate Shaffer subsequently entered a Minute Order indicating that absent an order from the Court vacating the April 24, 2006 trial date, the final pretrial conference, set for February 1, 2006, will go forward.

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8.

The parties and their counsel agree that this case cannot be adequately and

fairly tried on April 24, 2006, due to the recent addition of Phoenix as a defendant. The parties have exchanged disclosures; however, no depositions have yet been completed. Additional discovery is necessary to allow counsel to adequately prepare for trial. Vacating the April 24, 2006 trial date, and entering the Amended Scheduling Order, will not result in any prejudice to the parties. 8. The parties and their counsel request an expedited ruling on this motion so

that the Final Pretrial Conference scheduled for February 1, 2006 can be rescheduled or converted to a Scheduling Conference, thereby allowing for entry of an Amended Scheduling Order. WHEREFORE, the parties respectfully request that the Court enter an expedited Order vacating the April 24, 2006 trial date.

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DATED this 27th day of January, 2006. Respectfully submitted, BENDINELLI LAW OFFICE, P.C.

/s/ Marc F. Bendinelli Marc F. Bendinelli 11184 Huron Street, Suite 10 Denver, CO 80234 Telephone: 303-940-9900 Attorneys for Plaintiff Gary S. Cohen

TIEMEIER & HENSEN, P.C.

/s/ C. Todd Drake C. Todd Drake Stephen J. Hensen 1515 Arapahoe Street, Suite 1300 Denver CO 80202 Telephone: 303-572-1515 Attorneys for Defendant Infolink Screening Services, Inc.

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SNELL & WILMER, L.L.P.

/s/ Kyle Seedorf Kyle Seedorf 1200 Seventeenth Street Suite 1900, Tabor Center Denver, CO 80202 Telephone: 303-634-2000 Matthew K. Buck KEATING, MUETHING & KLEKAMP, PLL One East Fourth Street, Suite 1400 Cincinnati, Ohio 45202 Telephone: 513-639-3931 Attorneys for Defendant Phoenix Research, Inc.

CERTIFICATE OF SERVICE The undersigned hereby certifies that on the 27th day of January, 2006, a true and correct copy of the foregoing was filed via PACER electronic filing.

s/ Michael Jensen

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