Free Order - District Court of Colorado - Colorado

Case 1:04-cv-01050-MSK-PAC

Document 83

Filed 11/28/2006

Page 1 of 2

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Honorable Marcia S. Krieger Civil Action No. 04-cv-01050-MSK-PAC NICKY L. SMITH BEY, Plaintiff, v. CPT. SCOTT GIBSON, SGT. PAYNE, SGT. JOSEPH BARNHILL, LISA FITZGERALD, JESSICA MEKELBURG, and MICHAEL YONGER, Defendants. _____________________________________________________________________________ ORDER VACATING TRIAL ______________________________________________________________________________ THIS MATTER comes before the Court sua sponte. Trial in this matter is scheduled for January 02, 2007. Based on the proceedings to date, it appears that the case of United States v. Hutchinson, 05-cr-141-MSK is likely to proceed to trial. That case, currently set to begin trial on January 2, 2007, will require vacatur of the trial set in this case. Accordingly, the trial set for January 2, 2007 is VACATED. The parties shall jointly contact Chambers at 303-335-2289 within 14 days of the date of this order to reset the trial.

Case 1:04-cv-01050-MSK-PAC

Document 83

Filed 11/28/2006

Page 2 of 2

Dated this 28th day of November, 2006 BY THE COURT:

Marcia S. Krieger United States District Judge