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

Case 1:04-cv-00685-EWN-OES

Document 69

Filed 08/17/2005

Page 1 of 3

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Judge Edward W. Nottingham Case No: 04-cv-00685-EWN-OES JASON STEINBACH Plaintiff, v. OMNI PROPERTIES Defendant. ______________________________________________________________________________ NOTICE OF SUPPLEMENTAL AUTHORITY

Defendant Omni Properties, Inc. ("Omni"), respectfully submits this notice of supplemental authority in support of its pending motion for summary judgment. The

supplemental authority is Bass v. SBC Communications, Inc., No., 04-3946, 2005 WL 1903734, *2 (8th Cir. Aug. 11, 2005). Bass supports Omni's position that Plaintiff cannot establish a prima facie case under the Americans with Disabilities Act ("ADA") in light of his SSDI representations and the January 8, 2003, opinion of his psychologist, Dr. Mead, that he can not perform any work. The Bass case should be added to Omni's Brief in Support of Motion for Summary Judgment, filed February 1, 2005, at page 37 (immediately following the citation to the Cleveland case, and immediately following the citation to the Hines case), and to Omni's Reply Brief in Support of Motion for Summary Judgment, filed March 31, 2005, at page 28 (immediately following the citation to Exhibit A9 at the end of the second to the last sentence) and at page 32 (immediately following the citation to the Pushkin case).

Case 1:04-cv-00685-EWN-OES

Document 69

Filed 08/17/2005

Page 2 of 3

Respectfully submitted this 16th day of August, 2005. s/Colleen M. Rea Colleen M. Rea, Esq. #024960 FORD & HARRISON LLP 1675 Broadway, Suite 2150 Denver, CO 80202 Telephone: (303) 592-8860 Facsimile: (303) 592-8861 E-mail: [email protected] ATTORNEYS FOR DEFENDANT OMNI PROPERTIES, INC.

2

Case 1:04-cv-00685-EWN-OES

Document 69

Filed 08/17/2005

Page 3 of 3

CERTIFICATE OF SERVICE (CM/ECF) I hereby certify that on August 17, 2005, I electronically filed the foregoing Notice of Supplemental Authority using the CM/ECF system, which will send notification of such filing to the following e-mail addressee: Patricia S. Bangert, Esq. [email protected]

s/ Colleen M. Rea Colleen M. Rea, (#024960 Ford & Harrison LLP 1675 Broadway, Suite 2150 Denver, CO 80202 Telephone: (303) 592-8860 Facsimile: (303) 592-8861 E-mail: [email protected]

Denver:9761.1

3