Free Motion to Vacate - District Court of Colorado - Colorado

Case 1:04-cv-00026-WYD-BNB

Document 103

Filed 07/28/2005

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 04-CV-26-WYD-BNB THE GREAT WESTERN TORTILLA COMPANY, a Colorado corporation, Plaintiff, vs. J.C. FORD COMPANY, a California corporation, Defendant.

JOINT MOTION TO VACATE PRETRIAL CONFERENCE

Plaintiff, The Great Western Tortilla Company ("GWTC"), and Defendant, J.C. Ford Company ("J.C. Ford") by and through their respective attorneys, hereby respectfully move the Court to Vacate the Pretrial Conference. AS GROUNDS FOR THIS MOTION, the parties state as follows: 1. The Court has set a Pre-Trial Conference in this matter for Tuesday, August 9 2005 at 9

a.m. By order of the Court Parties are required to submit a proposed Pretrial Order by Tuesday, August 2, 2005. 2. The Parties have recently agreed to the essential terms of a settlement. While the Parties

have agreed to the content of a settlement agreement, they are still in the process of finalizing the preconditions of settlement, including relevant payments. 3. In light of the apparent settlement by the Parties, preparation of a Pretrial Order would not 1 of 2

Case 1:04-cv-00026-WYD-BNB

Document 103

Filed 07/28/2005

Page 2 of 2

be a good use of the Parties' resources and the Pretrial Conference is unnecessary. 4. In the unlikely event that a final settlement is not reached by the Parties, they will promptly

notify the Court to reschedule the matter for a Pretrial Conference.

WHEREFORE, based upon the preceding, the parties respectfully request this Court vacate the Pretrial Conference currently scheduled for August 9, 2005. Dated this 28th day of July, 2005. Respectfully submitted,

By: s/Tanja Heggins Jeffrey A. Springer Tanja Heggins Springer & Steinberg, P.C. 1600 Broadway, Suite 1200 Denver, Colorado 80202 Telephone: (303) 861-2800 Fax: (303) 832-7116 Email: [email protected] Attorneys For Plaintiff The Great Western Tortilla Company
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By: s/Michael J. Carrigan Michael J. Carrigan Conor F. Farley Holland & Hart LLP 555 Seventeenth Street, Suite 3200 Denver, Colorado 80202 Telephone: (303) 295-8000 Fax: (303) 295-8261 Email: [email protected] Attorneys For Defendant J.C. Ford Company

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