Free Response - District Court of Colorado - Colorado

Case 1:04-cv-00762-RPM

Document 55

Filed 01/30/2006

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO

Civil Case No. 1:04-cv-00762-RPM J. DAVID EVANS, BERNITA M. EVANS, Plaintiffs, v. ANN M. VENEMAN, Secretary of United States Department of Agriculture, Defendant

RESPONSE TO PLAINTIFF-APPELLEE'S NOTICE OF FILING TRANSCRIPT ORDER FORM AND DESIGNATION OF ADDITIONAL TRANSCRIPT

Defendant-Appellant Ann M. Veneman, Secretary of the United States Department of Agriculture, hereby responds to the "Notice of Filing Transcript Order Form and Designation of Additional Transcript" filed by Plaintiffs-Appellees on or about January 19, 2006. 1. Defendant-Appellant has appealed from the Court's order directing the Defendant-Appellant to cancel the Plaintiffs' promissory note and remove a lien on the property secured by the note. 2. Defendant-Appellant has not ordered a transcript from this Court for use in the appeal because the appeal does not concern any matters

Case 1:04-cv-00762-RPM

Document 55

Filed 01/30/2006

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adjudicated at a hearing. The Court entered a written order on a written motion, without an evidentiary hearing. There are no hearings, therefore, which bear upon the issues which Defendant-Appellant intends to raise on appeal. 3. Accordingly, while Plaintiffs-Appellees are certainly entitled to order a transcript if they like, they must do so at their own expense. Respectfully submitted, WILLIAM J. LEONE United States Attorney

s/ JERRY N. JONES Colorado Bar # 16049 Assistant United States Attorney Chief, Appellate Division 1225 17th Street, Suite 700 Denver, CO 80202 Telephone: (303) 454-0100 Email Address: [email protected] Attorneys for Defendant-Appellant

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Case 1:04-cv-00762-RPM

Document 55

Filed 01/30/2006

Page 3 of 3

CERTIFICATE OF SERVICE (CM/ECF) I hereby certify that on this 27th day of January, 2006 I electronically filed the foregoing RESPONSE TO PLAINTIFF-APPELLEE'S NOTICE OF FILING TRANSCRIPT ORDER FORM AND DESIGNATION OF ADDITIONAL TRANSCRIPT with the Clerk of Court using the ECF system which will send notification of such filing to the following e-mail address: [email protected]

s/ Jerry N. Jones JERRY N. JONES Assistant United States Attorney 1225 Seventeenth Street, Suite 700 Denver, Colorado 80202 (303) 454-0100 U S AC O .E C F Ap p ella t e@u s d oj.gov

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