Free Motion to Vacate - District Court of Colorado - Colorado

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

Document 65

Filed 08/05/2005

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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. ______________________________________________________________________________ UNOPPOSED MOTION TO VACATE AND RESCHEDULE HEARING

Defendant Omni Properties, Inc. ("Omni") respectfully submits this Unopposed Motion to Vacate and Reschedule Hearing ("Motion"). In support of this Motion, Omni states as follows: 1. CERTIFICATION: The undersigned contacted counsel for the Plaintiff,

Patricia Bangert, who has no objection to the relief requested in this Motion. 2. By Minute Order dated August 4, 2005, the Court scheduled the hearing on

Omni's pending Motion for Summary Judgment for September 23, 2005, from 2:15 p.m. until 2:30 p.m. 3. The daughter of Omni's counsel is getting married on September 24, 2005. The

wedding rehearsal and rehearsal dinner are scheduled for September 23, 2005, and Omni's counsel is scheduled to be out of the office to attend to final wedding plans, out-of-town family and wedding guests, and other wedding-related events from September 19 through September

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

Document 65

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25, 2005 (returning to the office on September 26, 2005). Accordingly, Omni's counsel is unable to attend the hearing on the date and time currently scheduled. 4. Omni respectfully requests that the Court vacate the hearing set for September 23,

2005, and reschedule the hearing to another date and time amenable with the Court and counsel. The Court's secretary has advised Omni's counsel that the Court prefers to set hearings on motions for summary judgment for Fridays and that other Friday dates possibly available for the hearing include September 2, 9 and 16, 2005. Omni's counsel is available on any of these dates; Plaintiff's counsel is available only on September 2 or 9, 2005, as she will be out-of-town on September 16, 2005. 5. No party will suffer prejudice from the relief requested in this Motion and the

relief requested is not sought for purposes of harassment or delay. Respectfully submitted this 5th 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.

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

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CERTIFICATE OF SERVICE (CM/ECF) I hereby certify that on August 5, 2005, I electronically filed the foregoing Unopposed Motion to Vacate and Reschedule Hearing with the Clerk of Court using the CM/ECF system, which will send notification of such filing to the following e-mail addressee: Patricia S. Bangert, Esq. [email protected] and also served a copy of said Motion on the Defendant, Omni Properties, Inc., by United States Mail, postage prepaid, addressed as follows: Mr. Greg Gulley President Omni Properties, Inc. 3900 E. Mexico Avenue, Suite 770 Denver, Colorado 80210

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:9691.1

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