Free Motion to Vacate - District Court of Colorado - Colorado

Case 1:04-cv-01126-MJW-PAC

Document 48

Filed 11/03/2005

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 04-CV-01126-MJW-PAC

BRIAN HILDENBRANDT, Plaintiff,

v. THE CITY OF COLORADO SPRINGS, a Colorado municipal corporation, Defendant.

UNOPPOSED MOTION TO VACATE SETTLEMENT CONFERENCE

COMES NOW Defendant, City of Colorado Springs ("City"), by and through the Office of the City Attorney, and hereby submit the following stipulated motion to vacate settlement conference: 1. On June 20, 2005, a settlement conference in the present case was set for

November 7, 2005. 2. Since that time Defendants have submitted a motion for summary judgment. A

briefing scheduled has been set, and is scheduled to be completed by November 14, 2005. 3. It is the Parties' belief that a settlement conference, if necessary, would be more

productive if held after the Court rules on the motion for summary judgment, and it is known which, if any, claims survive.

Case 1:04-cv-01126-MJW-PAC

Document 48

Filed 11/03/2005

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4. motion.

Undersigned counsel has conferred with counsel for Plaintiff, who consents to this

WHEREFORE, for the foregoing reasons, it is respectfully requested that this Honorable Court enter an order vacating the settlement conference until such time as the Court rules on the motion for summary judgment. Dated this 3rd day of November, 2005. Respectfully submitted, PATRICIA K. KELLY City Attorney/Chief Legal Officer Reg. No. 014408

s/Shane M. White Shane M. White Senior Attorney Reg No. 019034 Colorado Springs City Attorney's Office 30 South Nevada Avenue, Ste. 501 P.O. Box 1575, Mail Code 510 Colorado Springs, Colorado 80901-1575 Telephone: (719) 385-5909 Facsimile: (719) 385-5535 E-mail: [email protected] Attorneys for Defendant City of Colorado Springs

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Case 1:04-cv-01126-MJW-PAC

Document 48

Filed 11/03/2005

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CERTIFICATE OF SERVICE (CM/ECF) I hereby certify that on November 3, 2005, I electronically filed the foregoing UNOPPOSED MOTION TO VACATE SETTLEMENT CONFERENCE with the Clerk of the Court using the CM/ECF system which will send notification of such filing to the following e-mail addresses: [email protected], and I hereby certify that I have mailed or served the document or paper to the following non CM/ECF participants in the manner (mail, hand-delivery, etc.) indicated by the non-participants name:

s/Tiffany M. Haywood Tiffany M. Haywood Legal Assistant Colorado Springs City Attorney's Office 30 South Nevada Avenue, Ste. 501 P.O. Box 1575, Mail Code 510 Colorado Springs, Colorado 80901-1575 Telephone: (719) 385-5909 Facsimile: (719) 385-5535 [email protected]

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