Free Notice of Settlement - District Court of Colorado - Colorado

Case 1:04-cv-01070-PSF-PAC

Document 80

Filed 08/10/2005

Page 1 of 2

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 04- F - 1070 (PAC) DANNIE W. JOHNSON and MARTHA D. JOHNSON Plaintiffs, v. OVERRIGHT TRUCKING, INC., a New Mexico Corporation, and ROSS A. REED, Defendants. STIPULATED NOTICE OF SETTLEMENT AND MOTION TO VACATE TRIAL AND MOTION IN LIMINE HEARING COUNSEL FOR THE PARTIES, hereby announce to the Court that a full and complete settlement has been reached regarding all pleaded matters herein and therefore request this honorable court vacate the trial scheduled herein and also vacate the hearing set for the MOTION(S) IN LIMINE scheduled herein. Counsel fo r the parties have agreed that all final settlement documents will be exchanged no later than twenty (20) days hereafter, which upon exchange of the settlement check and the appropriate releases, Counsel will file with the Court an executed Stipulation For Dismissal With Prejudice for the Court's review and proposed Order for dismissal of all claims, with prejudice.

Case 1:04-cv-01070-PSF-PAC

Document 80

Filed 08/10/2005

Page 2 of 2

Respectfully submitted this 10th day of August, 2005 by: FOR THE PLAINTIFFS: MCDANIEL BATY MILLER AGRO WALES & ROBBINS LLC s/ original signature on file Michael W. Baty, Esq. #14804 (Colo.) 1040 Main Ave. P.O. Box 1157 Durango, CO 81301 (970) 247-1113 [email protected] PHILLIPS & GRAHAM s/original signature on file Randolph H. Phillips, Esq. #576575 (GA) 609 Pine Ave P.O. Box 2303 Albany, Georgia 31702 (229) 435-4452 [email protected]

FOR THE DEFENDANTS: s/ original signature on file Mr. Brad Hardman, Esq. Wittman & McCord UMB Bank Building 5825 Delmonico Drive, Suite 320 Colorado Springs, CO 80919 (719)590-9982 fax: (719)590-9984 [email protected]