Free Motion for Summary Judgment - District Court of Colorado - Colorado

Case 1:04-cv-00680-REB-CBS

Document 41

Filed 08/22/2007

Page 1 of 3

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO

Civil Action No. No. 04-RB-0680 (CBS) DONALD KELLER, Plaintiff, v. QWEST COMMUNICATIONS INTERNATIONAL INC., QWEST ASSET MANAGEMENT COMPANY AND JOHN DOES 1-15, Defendants.

DEFENDANTS' MOTION FOR SUMMARY JUDGMENT ON PLAINTIFF'S CLAIMS Defendants Qwest Communications International Inc. and Qwest Asset Management Company (collectively "Qwest") respectfully move the Court for an order pursuant to Rule 56 of the Federal Rules of Civil Procedure granting summary judgment in Qwest's favor as to the claims asserted by Plaintiff Donald Keller. In support of this motion, Qwest states that ­ based upon court filings, the Declaration of Michael B. Carroll attached hereto as Attachment A (with its attached Exhibits numbered A-1 through A-10), and the Declaration of Holly Morgan attached hereto as Attachment B ­ there is no genuine issue as to any fact material and that Qwest is entitled to judgment in its favor as a matter of law.

1

Case 1:04-cv-00680-REB-CBS

Document 41

Filed 08/22/2007

Page 2 of 3

Pursuant to this Court's Practice Standards for Civil Actions (the "Practice Standards"), Qwest hereby certifies that its undersigned counsel has read and complied with the Practice Standards in filing this motion. In support of this motion, Qwest has filed Defendants' Opening Brief in Support of Their Motion for Summary Judgment on Plaintiff's Claims. Dated this 22nd day of August, 2007. __s/ Michael B. Carroll___________ Michael B. Carroll William A. Wright SHERMAN & HOWARD L.L.C. 633 Seventeenth Street, Suite 3000 Denver, Colorado 80202 Telephone: (303) 297-2900 Facsimile: (303) 298-0940 Attorneys for Defendants Qwest Communications International Inc. and Qwest Asset Management Company

2

Case 1:04-cv-00680-REB-CBS

Document 41

Filed 08/22/2007

Page 3 of 3

CERTIFICATE OF SERVICE I hereby certify that on this 22nd day of August, 2007, I electronically filed the foregoing DEFENDANTS' MOTION FOR SUMMARY JUDGMENT ON PLAINTIFF'S CLAIMS and its Attachments A and B with the Clerk of the Court using the CM/ECF system which will send notification of such filing to the following counsel at the following email address: Perry J. Schneider, Esq. Milodragovich, Dale, Steinbrenner & Binney, P.C. P.O. Box 4947 Missoula, MT 59806-4947 E-Mail: [email protected] Attorney for Plaintiff Donald Keller ___s/ Kathleen J. Norris____________

3