Free Motion to Seal Document - District Court of Colorado - Colorado

Case 1:04-cv-00684-EWN-MEH

Document 59

Filed 10/30/2005

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 04-cv-00684-EWN-OES JOSEPH STEINBACH, JR. Plaintiff, v. OMNI PROPERTIES, INC., Defendant. _____________________________________________________________________________ UNOPPOSED MOTION TO FILE REPLY TO DEFENDANT'S RESPONSE IN OPPOSITION TO MOTION TO VACATE AND CONTINUE TRIAL UNDER SEAL _____________________________________________________________________________ Plaintiff, by and through his undersigned attorney, respectfully requests that this Court grant him leave to file his reply to Defendant's response to plaintiff's request that the Court vacate the trial set in this matter for December 5, 2005 under seal, and, as grounds therefore states as follows: 1. Plaintiff filed a motion to vacate the trial in this matter, now set for December 5,

2005, on October 13, 2005. See Document # 57. Defendant responded on October 26, 2005. See Document # 58. 2. Subsequent to filing the motion to vacate the trial, the Plaintiff suffered some

health issues that will substantially impact his ability to assist in the preparation of his case for trial, and, may substantially impact or preclude his ability to participate in the trial. 3. Because the details of this situation are relevant to the Plaintiff's motion to vacate

the trial now set for December 5, 2005, the undersigned, on behalf of Plaintiff, would like to bring the details to the attention of the Court. Because the details involve highly personal health

Case 1:04-cv-00684-EWN-MEH

Document 59

Filed 10/30/2005

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information, and because such details were not be of interest to the general public, the undersigned, on behalf of Plaintiff, asks to file the document containing the information ­ his Reply ­ under seal. 4. The undersigned has discussed the details of Plaintiff's health situation with

counsel for Defendant and she states that her client has no objection to Plaintiff filing the Reply under seal. WHEREFORE, the undersigned, on behalf of Plaintiff, respectfully requests that the Court grant Plaintiff leave to file his reply to Defendant's response to plaintiff's request that the Court vacate the trial set in this matter under seal DATED this 31st day of October, 2005.

Respectfully submitted,

s/ Patricia S. Bangert _______________________ Patricia S. Bangert, Esq. Special Counsel to Lohf, Shaiman, Jacobs, Hyman & Feiger, P.C. 950 S. Cherry Creek Street Suite 900 Denver, CO 80246 Phone: (303) 753-9000 Fax: (303) 753-9997 E-mail: [email protected] Attorney for Plaintiff

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Case 1:04-cv-00684-EWN-MEH

Document 59

Filed 10/30/2005

Page 3 of 3

CERTIFICATE OF SERVICE I hereby certify that on October 31, 2005, I electronically filed the foregoing to the Clerk using the CM/ECF system, which will send notification of such filing to the following: Colleen Meyers Rea, Esq., [email protected]

s/ Patricia S. Bangert _____________________________ Patricia S. Bangert

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