Free Order on Motion to Continue - District Court of Colorado - Colorado

Case 1:04-cv-00591-MSK-BNB

Document 146

Filed 07/01/2005

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Honorable M arcia S. Krieger Case No. 04-cv-00591-M SK-BNB M ELANIE LAND, Plaintiff, v. STATE FARM M UTUAL AUTOM OBILE INSURANCE, an Illinois corporation, and PROGRESSIVE SPECIALITY INSURANCE COM PANY, an Ohio corporation, Defendants.

ORDER DENYING MOTION TO CONTINUE

THIS M ATTER comes before the Court on Defendant State Farm M utual Automobile Insurance's Unopposed M otion to Continue Pre-Trial Conference or, in the Alternative, Allow Only David S. Canter to Appear (#145). Having considered the motion, the Court FINDS and CONCLUDES that: On June 30, 2004, the Court issued a Trial Preparation Order setting this matter for trial and a final trial preparation conference. Such Order provides that "[l]ead counsel who will try the case . . . shall attend" the conference. According to State Farm's motion, lead counsel for State Farm will be on vacation "in Great Britain on a pre-planned vacation with his family . . . which was scheduled more than eight months before." This final trial preparation conference has been scheduled for more than a year.

Case 1:04-cv-00591-MSK-BNB

Document 146

Filed 07/01/2005

Page 2 of 3

Therefore, State Farm has not established good cause to continue the final trial preparation conference. State Farm asks that the Court allow associate counsel David Canter to appear at the final trial preparation conference in lieu of Jonathan Cross. However, State Farm's motion states that M r. Canter is not authorized to handle this matter at trial without M r. Cross present. The Court will nevertheless allow M r. Canter to appear at the final trial preparation conference in lieu of M r. Cross but will require State Farm to purchase a transcript of such hearing to provide to M r. Cross upon his return from Great Britain. State Farm is advised that all representations made by M r. Canter will be binding upon State Farm, and if counsel is unprepared, sanctions may be imposed. The Trial Preparation Order of June 30, 2004, also set forth deadlines for pre-trial submissions. M any of these were due June 16, 2005. As of this date, the Court has still not received any. If these are not received on or before July 6, sanctions will be imposed. IT IS THEREFORE ORDERED that Defendant State Farm M utual Automobile Insurance's Unopposed M otion to Continue Pre-Trial Conference or, in the Alternative, Allow Only David S. Canter to Appear (#145) is GRANTED IN PART and DENIED IN PART. The Court denies the request to continue the hearing but will allow M r. Canter to appear in lieu of M r. Cross at such hearing. State Farm shall purchase a transcript of the hearing to provide to

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Case 1:04-cv-00591-MSK-BNB

Document 146

Filed 07/01/2005

Page 3 of 3

M r. Cross. Dated this 1st day of July, 2005. BY THE COURT:

M arcia S. Krieger United States District Judge

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