Free Motion to Continue - District Court of Colorado - Colorado

Case 1:03-cv-02633-PSF-PAC

Document 279

Filed 09/27/2006

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 03-cv-02633-PSF-PAC LILLIAN BARTON, Plaintiff, v. OFFICER R. BLEY, Badge No. 99006 OFFICER N. SAGEN, Badge No. 96-021 OFFICER JOHN DOE Defendants. and Civil Action No. 04-cv-319-PSF-PAC LILLIAN BARTON, Plaintiff, v. RICHARD BLEA NICK SAGAN JOSH VASCONCELLOS Defendants. ______________________________________________________________________________ UNOPPOSED MOTION TO CONTINUE OCTOBER 3, 2006 TRIAL DATE ______________________________________________________________________________ Defendant, OFFICER JOSH VASCONCELLOS (hereinafter "Officer Vasconcellos"), by and through his attorney, SONJA S. McKENZIE of SENTER GOLDFARB & RICE, L.L.C., hereby moves this Court for a continuance of the October 3, 2006 trial date. IN SUPPORT THEREOF, Officer Vasconcellos states as follows:

Case 1:03-cv-02633-PSF-PAC

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Filed 09/27/2006

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CERTIFICATE OF COMPLIANCE 1. Pursuant to D.C.COLO.LCivR 7.1, undersigned counsel conferred with counsel

for Plaintiff by telephone regarding the requested continuance. Plaintiff does not object to this Motion. 2. It should also be noted that co-Defendants, Officer Bley and Officer Sagan do not

object to the relief requested herein. MOTION 3. 2006. 4. Originally, trial was set to commence on June 20, 2006, but was continued at This case is presently set for a three-day jury trial commencing on October 3,

Plaintiff' request so that she could be represented by legal counsel. Subsequently, the trial was s reset for July 10, 2006. However, that trial date was also continued at Plaintiff' behest as s counsel for Plaintiff, A. Thomas Elliott, had personal matters to attend to relating to his minor son. Thus, this case was then re-set for trial on October 3, 2006. 5. Defendants are very desirous of proceeding with the October 3, 2006 trial date.

However, Officer Vasconcellos' father unexpectedly passed away on Monday, September 25, s 2006. Officer Vasconcellos is presently in Chicago for his father' wake and funeral. It is s anticipated that he will return to Colorado during the weekend of September 30 through October 1, 2006 in preparation for this trial. However, undersigned counsel has not yet spoken directly with Officer Vasconcellos. 6. We have been advised by family members that his father' death has been s Because Officer Vasconcellos will still be

emotionally difficult for Officer Vasconcellos.

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Case 1:03-cv-02633-PSF-PAC

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grieving for his father during the week of October 3, 2006, he is neither emotionally nor psychologically prepared to proceed with trial. Additionally, since he has been out of town in Chicago, defense counsel have not been able to meet with him in preparation of trial. It would pose a significant emotional hardship on Officer Vasconcellos if he were required to proceed with trial on October 3, 2006. In fact, undersigned counsel understands that Officer

Vasconcellos will be taking next week off of work, to cope with his grief. 7. It should also be noted that in an effort to proceed with the trial date, undersigned

counsel contacted Mr. Elliott and proposed that Plaintiff consider dismissing her claims against Officer Vasconcellos. 8. Given the fact that this Court has previously granted Plaintiff two separate

continuances, one to enable her to obtain counsel, and a second to allow her attorney to address personal family matters, it would be equitable and appropriate for the Court to grant Officer Vasconcellos a continuance under these unexpected and difficult circumstances.1 WHEREFORE, for the reasons stated herein, good cause having been established, Defendants respectfully request that this Court issue an Order continuing the three-day jury trial currently set for October 3, 2006 and set a time for a mutually convenient resetting.

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All parties would sincerely appreciate an expeditious resolution to this Motion, so that both parties do not incur unnecessary attorneys' fees in preparing for trial.

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Respectfully submitted,

s/ Sonja S. McKenzie Sonja S. McKenzie 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 Gerald Whitman, City and County of Denver, Officer Richard Blea, Officer Nick Sagan, Chris Ramsey, Mayor John Hickenlooper, Rudy Sandoval, Wellington Webb, J. Wallace Wortham, Jr. and Officer Josh Vasconcellos

CERTIFICATE OF SERVICE I HEREBY CERTIFY that on this 28th day of September, 2006, I electronically filed a true and correct copy of the above and foregoing MOTION TO CONTINUE OCTOBER 3, 2006 TRIAL DATE with the Court using the CM/ECF system, which will send notification of such filing to the following e-mail address: A. Thomas Elliott, Jr. [email protected] I FURTHER CERTIFY that I have mailed said MOTION TO CONTINUE OCTOBER 3, 2006 TRIAL DATE to the following non-CM/ECF participant by U.S. Mail, first class postage prepaid: John Eckhardt, Esq. Assistant City Attorney 201 West Colfax Ave., Dept. 1207 Denver, CO 80202-5375

s/ Kathleen Bertz

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