Free Motion to Continue - District Court of Colorado - Colorado

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

Document 247

Filed 06/23/2006

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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. ______________________________________________________________________________ MOTION TO CONTINUE TRIAL DATE ______________________________________________________________________________ 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., hereby move this Court for a continuance of trial date.

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

Document 247

Filed 06/23/2006

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IN SUPPORT THEREOF, Defendants state as follows: CERTIFICATE OF COMPLIANCE Pursuant to D.C.COLO.LCivR 7.1, undersigned counsel hereby confirms that she has conferred with Plaintiff' counsel regarding the relief requested herein. s articulated a definitive position regarding this Motion to Continue. MOTION 1. 2006. 2. Originally, trial was set to commence on June 20, 2006, but was continued at This case is presently set for a three (3)-day jury trial to commence on July 11, Plaintiff has not

Plaintiff' request so that she could be represented by legal counsel at trial. s 3. Defendants were prepared to proceed to trial on June 20, 2006 and had arranged

their schedules accordingly. Defendants had not cleared their calendars for the week of July 10, 2006 and Officer Richard Blea has an unavoidable conflict during this new trial date. Specifically, Officer Blea has a prior family commitment to attend a two-day parent-student college orientation at the University of Northern Colorado on July 12 and July 13, 2006. [See, Defendants'Exhibit A]. 4. Officer Blea made this commitment in advance of the resetting of trial and has

expended non-refundable money to secure his family' ability to attend (notably Officer Blea s also had airline tickets during that same week, but has since cancelled them in the event the relief requested is not granted). As such, Defendants respectfully request a continuance of the threeday jury trial set to commence on July 11, 2006 through July 13, 2006.

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

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5.

Defendants have sought no prior continuances in this matter and state that the

relief requested herein is not made for the purpose of delay, prejudice or harassment. 6. During the next 4-6 months, the individual Defendants are available to attend trial

at the convenience of the Court with the exception of Officer Sagan who has prior commitments during the periods between October 22, 2006 through November 4, 2006, and December 3, 2005 through December 16, 2006. Additionally, during the next 4-6 month time span, counsel for Defendants have the following primary conflicts: Sonja S. McKenzie - 8/10 to 8/18-vacation - 9/11 to 9/13-trial - 9/25 to 9/29-trial -10/16 to 10/19-trial - 10/30 to 11/03-trial - 11/13 to 11/17-trial Brett A. McDaniel - 10/30 to 11/03-trial - 12/04 to 12/22-trial

7.

Good cause exists for the relief requested herein.

WHEREFORE, Defendants respectfully request that the Court issue an Order continuing the three (3)-day jury trial currently set for July 11, 2006 and set a time for which counsel may confer with chambers for a mutually convenient resetting.

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

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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 E-mail: [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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Filed 06/23/2006

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CERTIFICATE OF SERVICE I HEREBY CERTIFY that on this 23rd day of June, 2006, I electronically filed a true and correct copy of the above and foregoing MOTION FOR CONTINUANCE OF TRIAL DATE with the Court via CM/ECF system which will send notice to: A. Thomas Elliott, Jr. [email protected]

and also served via the U.S. mail, first class postage prepaid, addressed as follows: Luis Corchado Denver City Attorney' Office s 201 West Colfax Avenue - Dept 1108 Denver, Colorado 80202 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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