Free Motion to Continue - District Court of Colorado - Colorado

Case 1:04-cv-00687-PSF-BNB

Document 114

Filed 09/01/2006

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 04-cv-00687-PSF-BNB MARY JO LAIRD, Plaintiff, v. GUNNISON COUNTY, acting through THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF GUNNISON, THE BOARD OF TRUSTEES FOR THE GUNNISON COUNTY PUBLIC LIBRARY, JOHN DEVORE, and PEGGY MARTIN, in their individual capacities, Defendants. ______________________________________________________________________________ DEFENDANTS' UNOPPOSED MOTION TO CONTINUE TRIAL ______________________________________________________________________________ Defendants, GUNNISON COUNTY, acting through THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF GUNNISON, THE BOARD OF TRUSTEES FOR THE GUNNISON COUNTY PUBLIC LIBRARY, JOHN DEVORE, and PEGGY MARTIN, by their attorney, ERIC M. ZIPORIN, ESQ. of the law firm of SENTER GOLDFARB & RICE, L.L.C., hereby move the Court for an order continuing the trial currently scheduled for five days commencing on November 27, 2006. AND IN SUPPORT THEREOF, Defendants state as follows: 1. Pursuant to D.C.COLO.LCivR 7.1(A), undersigned counsel contacted counsel for

Plaintiff who indicated that his client does not oppose the relief requested herein so long as the trial can be rescheduled to commence on January 8, January 15, or January 22, 2007, with preference being January 22, 2007.

Case 1:04-cv-00687-PSF-BNB

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Filed 09/01/2006

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2.

A five day jury trial is currently scheduled in this case for November 27, 2006. A

Final Trial Preparation Conference is currently scheduled for November 20, 2006 at 9:30 a.m. 3. Defendant John DeVore, the Chief Executive Officer for Gunnison County, will

be out of the country from November 11, 2006 through December 9, 2006, thus making him unavailable for trial. Both parties agree that the trial cannot proceed without Defendant DeVore present and able to provide live testimony. 4. Undersigned counsel contacted the Court on August 31, 2006 to determine if

other dates were potentially available for the trial. Undersigned was informed that while the Court does not hold dates, the Court currently would be able to start a five day jury trial on January 8, January 15, or January 22, 2007. If given the choice, the parties would prefer that the trial commence on January 22, 2007. Undersigned has confirmed with his clients that they would all be available on those dates, and Plaintiff' counsel has confirmed same with his client. s 5. 6. Defendants have not previously sought to continue the trial date. To the extent required, this motion fully comports with the requirements of

D.C.COLO.LCivR 6.1(B) and (C). 7. the trial date. WHEREFORE, Defendants respectfully request that the Court grant their Unopposed Motion to Continue Trial and vacate the current trial date of November 27, 2006, and reschedule same for five days commencing on January 8, January 15, or January 22, 2007, preferably on January 22, 2007. None of the parties would be prejudiced by this relatively minor continuance of

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Respectfully submitted,

s/ Eric M. Ziporin Eric M. Ziporin, Esq. SENTER GOLDFARB & RICE, L.L.C. 1700 Broadway, Suite 1700 Denver, Colorado 80290 Telephone: 303-320-0509 Facsimile: 303-320-0210 Attorney for Defendants

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Case 1:04-cv-00687-PSF-BNB

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Filed 09/01/2006

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CERTIFICATE OF SERVICE I HEREBY CERTIFY that on this 1st day of September, 2006, I electronically filed a true and correct copy of the above and foregoing DEFENDANTS' UNOPPOSED MOTION TO CONTINUE TRIAL with the Clerk of Court using the CM/ECF system which will send notification of such filing to the following email addresses: Nathan Davidovich, Esq. [email protected] Ronald H. Nemirow, Esq. [email protected] Stuart A. Jay, Esq. [email protected] I FURTHER CERTIFY that on this 1st day of September, 2006, I mailed a true and correct copy of the above and foregoing DEFENDANTS' UNOPPOSED MOTION TO CONTINUE TRIAL via U.S. Mail, first class postage prepaid, to the following: David M. Baumgarten, Esq. Gunnison County Attorney c/o Board of County Commissioners and Board of Trustees 200 E. Virginia Avenue Gunnison, CO 81230 John DeVore 200 E. Virginia Avenue Gunnison, CO 81230 Peggy Martin Gunnison County Public Library 307 N. Wisconsin Gunnison, CO 81230

s/ Barbara A. Ortell

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00236459.DOC