Free Response to Order to Show Cause - District Court of Colorado - Colorado

Case 1:04-cv-00592-WDM-PAC

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO

Civil Action No. 04-CV-592-WDM-PAC

THE KIT CARSON STATE BANK, a Colorado corporation Plaintiff, v. JACQUELINE L. HATCHER, MIKE SPINI, and HUGHS LIVESTOCK, INC., a Kansas corporation, Defendants.

PLAINTIFF'S RESPONSE TO SHOW CAUSE MINUTE ORDER ENTERED OCTOBER 21, 2005

Plaintiff The Kit Carson State Bank ("Kit Carson") hereby responds to the show cause order set forth in the Court's Minute Order dated October 21, 2005. In support, Kit Carson states as follows: 1. This case was filed on March 25, 2004. The Complaint set forth six causes

of action. The Fifth Cause of Action seeks to recover against Hughs Livestock, Inc. ("Hughs Livestock") amounts owed under the May 15, 2003 loan made to it. 2. On or about September 14, 2005, Kit Carson filed its Motion to Vacate Trial

Preparation Conference and Trial and Status Report. In that pleading, Kit Carson provided the Court

Case 1:04-cv-00592-WDM-PAC

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with a copy of correspondence sent by Hughs Livestock in which Hughs Livestock agreed to confess judgment. 3. Shortly thereafter, Hughs Livestock actually filed its Confession of Judgment

confessing that it owed Kit Carson $144,358.85 and asking the Court to enter to judgment in favor of Kit Carson for that amount. A copy of the Confession of Judgment is attached hereto. 4. Hughs Livestock filed its Confession of Judgment following discussions

between counsel and based on its and its counsel's review of Kit Carson's calculation of its damages as set forth below: Principal: Interest through Sept. 2, 2005: Fees: Costs: Total: 5. $113,156.60 15,632.82 14,851.20 718.23 $144,358.85

The undersigned received the Court's Order and Hughs Livestock's filing of

its Confession of Judgment on the same day. The undersigned understood the Court's Order was based solely on the correspondence attached as an exhibit to Kit Carson's Motion to Vacate Trial Preparation Conference and Trial and Status Report. The undersigned incorrectly believed that Hughs Livestock's filing of its Confession of Judgment provided the requisite bases for the Court to enter judgment. 6. To remedy undersigned's misunderstanding, Kit Carson simultaneously filed

a Motion for Entry of Judgment requesting the Court to enter judgment in its favor in the amount of $144,358.85 plus statutory interest, from and after the date of the entry of judgment.

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WHEREFORE, Plaintiff The Kit Carson State Bank requests this Court to enter an Order stating that the Show Cause Order entered October 21, 2005 has been satisfied, and for such other and further relief as is just. DATED this 7th day of November, 2005. SHERMAN & HOWARD L.L.C.

/s Kimberley H. Tyson Kimberley H. Tyson, #18592 633 17th Street, Suite 3000 Denver, CO 80202 Telephone: (303) 297-2900 Facsimile: (303)298-0940 E-mail: [email protected] Attorneys for Plaintiff The Kit Carson State Bank

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CERTIFICATE OF SERVICE I hereby certify that on this 7th day of November, 2005, I electronically filed the foregoing PLAINTIFF'S RESPONSE TO SHOW CAUSE MINUTE ORDER ENTERED OCTOBER 21, 2005 with the Clerk of the Court using the CM/ECF system which will send notification of such filing to the following e-mail addresses: Wm. Andrew Wills II, Esq. Wills & Adams, LLP 2 North Cascade Avenue, Suite 1000 Colorado Springs, Colorado 80903 [email protected] and that a true and correct copy of the foregoing, was sent by United States mail, first-class postage prepaid, addressed to the following: Michael Spini P.O. Box 781 Syracuse, Kansas 67878

s/ Diane Collier

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