Free Response to Motion - District Court of Colorado - Colorado

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

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Filed 07/10/2006

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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. ______________________________________________________________________________ RESPONSE OBJECTING TO PLAINTIFF' SECOND MOTION FOR CONTINUANCE S ______________________________________________________________________________ Defendants, OFFICER RICHARD BLEA (incorrectly designated as "Bley"), OFFICER NICK SAGAN (incorrectly designated as "Sagen"), and OFFICER JOSH VASCONCELLOS (hereinafter "Defendants"), by their attorneys, SONJA S. McKENZIE and BRETT A. McDANIEL of SENTER GOLDFARB & RICE, L.L.C., object to Plaintiff's Second Motion for Continuance as follows:

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

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1.

Plaintiff has moved for a continuance of trial on the basis that Counsel has had to

assume the responsibilities of a single parent due to circumstances beyond his control. Defendants are certainly empathetic to the dilemma that has confronted Counsel and the circumstances that have befallen his son. 2. However, by Counsel' own admission, these circumstances existed at the time of s

the July 5, 2006 Final Trial Preparation Conference, but simply were not raised by Plaintiff's counsel. Instead, Plaintiff, by and through counsel, has waited to the "eve of trial" to make this request. This late request prejudices the Defendants. 3. Defendants counsel were prepared to proceed to trial on June 20, 2006 when this

case was continued so that Mr. Elliott could represent Plaintiff. Defendants and their counsel all have made personal sacrifices so this case could proceed to trial on July 11, 2006. Indeed, Officer Blea' request for a continuance due to obligations he had to his own daughter. This s included a previously arranged parent-student orientation at the University of Northern Colorado. This personal commitment was deemed insufficient to justify a trial continuance. 4. Again, the Court is confronted with family obligations that conflict with the three

(3) day jury trial set to commence on Tuesday, July 11, 2006. Again, and in the interests of fairness, the Court should reach the same conclusion, i.e., trial should proceed as scheduled. 5. This is particularly true since Defendants and counsel have now expended a great

deal of time, effort, and expense in preparation for trial including spending the weekend of July 8, 2006 and July 9, 2006 preparing for trial only to learn during the evening hours of July 9, 2006 that Plaintiff was seeking a second continuance.

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

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6.

It should be noted that the alleged inability to subpoena certain witnesses does not

establish "good cause" for this continuance. These witnesses have been available for subpoena since the date Counsel undertook representation of Plaintiff on June 20, 2006. Thus, Plaintiff's counsel had two (2) weeks before his son' situation arose to issue trial subpoenas. Thus, this s argument lacks merit. 7. Good cause has not been shown for continuance of trial and would ask that trial;

thus, Defendants would ask that trial commence as scheduled. WHEREFORE, Defendants respectfully request Plaintiff' Second Motion for s Continuance of Trial be denied for those reasons stated herein.

Respectfully submitted,

s/ Sonja S. McKenzie

s/ Brett A. McDaniel SENTER GOLDFARB & RICE, L.L.C. 1700 Broadway, Suite 1700 Denver, CO 80290 Telephone: (303) 320-0509 FAX: (303) 320-0210 [email protected] [email protected] Attorneys for Defendants Officer Richard Blea, Officer Nick Sagan, and Officer Josh Vasconcellos

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

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CERTIFICATE OF SERVICE I HEREBY CERTIFY that on this 10th day of July, 2006, I electronically filed a true and correct copy of the above and foregoing RESPONSE OBJECTING TO PLAINTIFF' S SECOND MOTION FOR CONTINUANCE with the Court via CM/ECF system and served via the U.S. mail, first class postage prepaid, addressed as follows:

A. Thomas Elliott, Jr. [email protected]

and also served via the U.S. mail, first class postage prepaid, addressed as follows: John Eckhardt, Esq. Assistant City Attorney 201 West Colfax Ave., Dept. 1207 Denver, CO 80202-5375 Officer Richard Blea c/o Civil Liability Bureau 1331 Cherokee Street, Room 504 Denver, CO 80204 Officer Nicholas Sagan c/o Civil Liability Bureau 1331 Cherokee Street, Room 504 Denver, CO 80204 Officer Josh Vasconcellos c/o Civil Liability Bureau 1331 Cherokee Street, Room 504 Denver, CO 80204

s/ Kathleen Bertz Kathleen Bertz E-mail: [email protected] Secretary for Attorney Brett A. McDaniel

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