Free Motion to Strike - District Court of Colorado - Colorado

Case 1:04-cv-01107-REB-CBS

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Filed 03/29/2006

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Case No. 04-cv-1107-REB-CBS ELIZABETH MEDINA, Individually as mother of and as Personal Representative of the Estate of LUCAS de HERRERA, and MARGARITO de HERRERA, Individually as father of LUCAS de HERRERA, v. Plaintiffs,

BOARD OF COUNTY COMMISSIONERS, ALAMOSA COUNTY, COLORADO, in both their individual capacities; SHERIFF DAVID STONG, in his individual capacity; UNDERSHERIFF JOHN BIANCA, in his individual capacity; SGT. RON GOODMAN, in his individual capacity; DEPUTY LISA BENEVIDEZ, in her individual capacity; CORPORAL GARY THOMAS, in his individual capacity. Defendants. ______________________________________________________________________________ UNOPPOSED MOTION TO STRIKE AMENDED FINAL PRETRIAL ORDER ______________________________________________________________________________ Plaintiffs, by and through their counsel, David A. Lane and Marcel Krzystek of KILLMER, LANE & NEWMAN, LLP, and Stefani Goldin, hereby move to strike the Amended Final Pretrial Order filed in this case (documents [51] and [52]), and in support thereof state as follows: 1. Pursuant to an Order of the Court, the parties filed a proposed Amended Final

Pretrial Order [51] on March 23, 2006. The proposed Amended Final Pretrial Order was electronically filed by Plaintiff's counsel. 2. The Amended Final Pretrial Order [52] was signed by Magistrate Judge Craig B.

Shaffer on March 28, 2006. 3. On March 29, 2006, defense counsel, via email, advised Plaintiffs' counsel that

the incorrect version of the Amended Final Pretrial Order was filed with the Court. Specifically,

Case 1:04-cv-01107-REB-CBS

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the version that was efiled (and addressed to chambers) did not contain Defendants' amendments. 4. The parties therefore request that the Amended Final Pretrial Order [51] filed on

March 23, 2006, and signed on March 28, 2006 [52], be stricken. Plaintiffs will efile (and address to chambers via email) the correct version of the Amended Final Pretrial Order simultaneously with the filing of this Motion. 5. Pursuant to Local Rule 7.1A, undersigned counsel certifies that on March 29,

2006, he conferred with counsel for Defendants, Sean J. Lane, who does not oppose the relief requested in this Motion. WHEREFORE, Plaintiffs respectfully request that the previously filed Amended Final Pretrial Order [51] and [52] be striken. Respectfully submitted this 29th day of March, 2006. KILLMER, LANE & NEWMAN LLP s/ Marcel Krzystek David A. Lane Marcel Krzystek 1543 Champa St., Suite 400 Denver, Colorado 80202 (303) 571-1000 Stephanie Goldin, L.L.C. 125 S. Howe Street, Suite 401 Fort Collins, Colorado 80521 ATTORNEYS FOR PLAINTIFFS CERTIFICATE OF SERVICE I hereby certify that on 29th day of March, 2006, I electronically filed the foregoing UNOPPOSED MOTION TO STRIKE AMENDED FINAL PRETRIAL ORDER, together

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Case 1:04-cv-01107-REB-CBS

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with all associated Exhibits, 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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Jonathan Ariel Cross [email protected] [email protected] Stefani Goldin [email protected] [email protected] Marcel Krzystek [email protected] [email protected] David Arthur Lane [email protected] [email protected] Sean James Lane [email protected] [email protected] KILLMER, LANE & NEWMAN, LLP s/ Marcel Krzystek _______________________________ Marcel Krzystek KILLMER, LANE & NEWMAN, LLP 1543 Champa Street, Suite 400 Denver, CO 80202 Telephone (303) 571-1000 [email protected]

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