Free Notice (Other) - District Court of Colorado - Colorado

Case 1:04-cv-01049-EWN-KLM

Document 194

Filed 02/28/2007

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 04-cv-01049-EWN-PAC MITCHELL THEOPHILUS GARRAWAY, Plaintiff, v. UNITED STATES OF AMERICA, EX REL., et al., Defendants. ______________________________________________________________________________ PLAINTIFF'S NOTICE TO COURT AND COUNSEL REGARDING MOTIONS ______________________________________________________________________________ Plaintiff Mitchell Theophilus Garraway, by his attorney, John D. Phillips of Shughart Thomson & Kilroy, P.C., pursuant to the Court's direction, hereby reports with respect to the status of outstanding motions as follows: 1. "Plaintiff's Request for Amendment to Final Pretrial Order and Request for Order to Allow Plaintiff to Meet with Expert Witness," filed February 8, 2007. The request with respect to the expert witness is withdrawn. However, Plaintiff respectfully requests that the Court grant his request to add exhibits to the existing Final Pretrial Order, described as Exhibit 53, "Federal Bureau of Prisons In-Transit Data Form, 5-19-98"; Exhibit 54, "Form BP-S294.052, Notice of Disciplinary Hearing, 2-5-2003"; and Exhibit 55, "28 Code of Federal Regulations," notwithstanding Plaintiff recognizes that there will be a new Final Pretrial Order entered in this case at the Pretrial Conference on May 11, 2007; 2. Plaintiff withdraws "Plaintiff's Motion for Judgment by Default Pursuant to F.R.Civ.P. 37(b)(2)(C)(D)," filed January 4, 2007; 3. Plaintiff withdraws "Plaintiff's Objections to Magistrate Judge's 19 Aug 05 Minute Order Pursuant to F.R.Civ.P. Rule 72(a)," filed August 28, 2005; and 4. Plaintiff withdraws his "Motion to Remove Magistrate Judge Schlatter," filed May 3, 2005. Accordingly, Plaintiff's only request pending as of this date is to add the exhibits to the current Final Pretrial Order.

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Case 1:04-cv-01049-EWN-KLM

Document 194

Filed 02/28/2007

Page 2 of 2

Dated: February 28, 2007. SHUGHART THOMSON & KILROY, P.C. /s/ John D. Phillips John D. Phillips 1050 17th Street, Suite 2300 Denver, CO 80265 303/572-9300 Attorneys for Plaintiff CERTIFICATE OF SERVICE I certify that on February 28, 2007, a true and correct copy of the foregoing PLAINTIFF'S NOTICE TO COURT AND COUNSEL REGARDING MOTIONS was served via electronic filing and service, addressed as follows: Mark S. Pestal, Esq. Office of the United States Attorney 1225 Seventeenth Street, #700 Denver, CO 80202 /s/ Mary Watters

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