Free Motion to Withdraw - District Court of Colorado - Colorado

Case 1:04-cv-00053-WYD-MJW

Document 63-2

Filed 02/17/2006

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IN THE UNITED STATES COURT OF APPEALS TENTH CIRCUIT BONNIE WINCHESTER Plaintiff, v. BRIAN COSAINEAU THOMAS BEACH JAMES COLE TROY NICHOLSON RANDALL PICKREL DAN ALLEY MILES KUBLY and GAIL CONNER, Defendants. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) )

STIPULATED MOTION TO DISMISS APPEAL PURSUANT TO FED.R.APP.P. 42(b) Plaintiff-Appellant, Bonnie Winchester, through her attorneys, The Law Firm of Cisneros & Schendzielos, LLC, and all defendants, through their attorneys, Senter Goldfarb and Rice respectfully move this Court pursuant to Fed.R.App.P. 42(b) to dismiss this appeal; and AS GROUNDS THEREFORE states as follows: Ms. Winchester voluntarily dismisses this appeal pursuant to Fed.R.App.P. 42(b), pursuant to the following:

Case 1:04-cv-00053-WYD-MJW

Document 63-2

Filed 02/17/2006

Page 2 of 3

The circuit clerk may dismiss a docketed appeal if the parties file a signed dismissal agreement specifying how costs are to be paid and pay any fees that are due. But no mandate or other process may issue without a court order. An appeal may be dismissed upon the appellant's motion on terms agreed to by the parties or fixed by the court.

Defendants have agreed to the voluntary dismissal of the appeal on the terms and conditions set forth herein. Each party is to pay their own costs related to the appeal in this matter. WHEREFORE Ms. Winchester and defendants ask the Court to dismiss this appeal and for such other and further relief as the Court deems appropriate. Dated this 17th day of February, 2006. Respectfully submitted, THE LAW FIRM OF CISNEROS & SCHENDZIELOS, LLC

By: s/ Daniel J. Schendzielos Daniel J. Schendzielos 6426 South Quebec Street Englewood, Colorado (303) 773-6600 Attorneys for Plaintiff

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Case 1:04-cv-00053-WYD-MJW

Document 63-2

Filed 02/17/2006

Page 3 of 3

SENTER GOLDFARB & RICE

By s/ Eric Ziporan Eric Ziporan 1700 Broadway, Suite 1700 Denver, Colorado 80290 (303) 320-0509 Attorneys for Defendants CERTIFICATE OF SERVICE/MAILING I hereby certify that on this 17th day of February 2006 the original and true and correct copies of the foregoing MOTION TO DISMISS APPEAL PURSUANT TO FED.R.APP.P. 42(b) were served as follows: Original by e-filing to United States Court of Appeals Tenth Circuit 1823 Stout Street Denver, CO 80257 Copy by e-mail and U.S. Mail to Eric Ziporan, Esq. Senter Goldfarb and Rice 1700 Broadway, Suite 1700 Denver, CO 80290 Copy by U.S. Mail to Bonnie Winchester 4395 South Hoyt Street Littleton, CO 80123

s/ Janice R. Tanquary Certifier
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