Free Trial Brief - District Court of Colorado - Colorado

Case 1:04-cv-00020-MSK-BNB

Document 126

Filed 02/06/2006

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Honorable Marcia S. Krieger Civil Action No. 04-cv-00020-MSK-BNB DANA MARTINEZ, individually and on behalf of the minor children as next of kin and parent, JACOB MARTINEZ, a minor, ADAM MARTINEZ, a minor, MICHAEL MARTINEZ, a minor, SAMUEL MARTINEZ, a minor, ISAIAH MARTINEZ, a minor, PATRICE GOMEZ, a minor, GABRIELLE GOMEZ, a minor, ROMAN GOMEZ, a minor, Plaintiffs, v. THE LOCHBUIE POLICE DEPARTMENT, LOCHBUIE POLICE CHIEF JOE SISKAR, in his official and individual capacity, LOCHBUIE POLICE OFFICER MATT CLARK, in his official and individual capacity, LOCHBUIE POLICE OFFICER CONRAD VANEGAS, in his official and individual capacity, LOCHBUIE POLICE OFFICER TOM BACKER, in his official and individual capacity, Defendants. ______________________________________________________________________________ TRIAL BRIEF ______________________________________________________________________________ Defendants, THE LOCHBUIE POLICE DEPARTMENT, JOE SISKAR, MATT CLARK, CONRAD VANEGAS, and TOM BACKER (hereinafter "Defendants"), by their attorneys, ERIC M. ZIPORIN and GILLIAN M. FAHLSING, of the law firm SENTER GOLDFARB & RICE, L.L.C., and pursuant to the Court' April 30, 2004 Trial Preparation s Order, hereby submit that their pending dispositive motion should be treated as a trial brief.

Case 1:04-cv-00020-MSK-BNB

Document 126

Filed 02/06/2006

Page 2 of 3

1.

The Trial Preparation Order in this matter provides that "if the parties desire,

dispositive motion briefs will be treated as trial briefs," and that trial briefs shall be filed no later than 20 days before the Final Trial Preparation Conference. 2. In this case, Defendants filed a Motion for Summary Judgment and Memorandum

Brief in Support thereof on May 16, 2005, and their Reply Brief on June 24, 2005. These briefs set forth the applicable binding cases and statutory authority with respect to Plaintiffs' claims against Defendants. Defendants'dispositive motion is still pending before the Court. 3. For the foregoing reasons, Defendants hereby incorporate by reference their

dispositive motion briefs and state that they wish for the Court to treat them as trial briefs.

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Case 1:04-cv-00020-MSK-BNB

Document 126

Filed 02/06/2006

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WHEREFORE, Defendants respectfully request that their dispositive motion briefs be treated as trial briefs in this matter.

Respectfully submitted,

s/ Gillian M. Fahlsing Gillian M. Fahlsing Senter Goldfarb & Rice, L.L.C. 1700 Broadway, Suite 1700 Denver, CO 80290 Telephone: (303) 320-0509 FAX: (303) 320-0210 E-mail:[email protected] Attorney for Defendants

CERTIFICATE OF SERVICE I HEREBY CERTIFY that on this 6th day of February, 2006, I electronically filed a true and correct copy of the above and foregoing TRIAL BRIEF with the Clerk of Court using the CM/ECF system which will send notification of such filing to the following email address:

John W. McKendree, Esq. [email protected]

s/ Kathleen Bertz Kathleen Bertz

00211553

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