Free Response to Motion - District Court of Colorado - Colorado

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

Document 246

Filed 06/22/2006

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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 TO PLAINTIFF' MOTION FOR RELIEF PURSUANT TO RULE 60(b)(3) 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., and for their Response to Plaintiff' Motion for Relief Pursuant to Rule 60(b)(3) from Magistrate Judge Coan' Order of s s

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

Document 246

Filed 06/22/2006

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6/1/06 Denying Plaintiff her Lawful Authorized Right to Comply with Magistrate Judge Coan' s Order of January 21, 2006 and to Object and Set Aside the Final Pre-Trial Conference of 6/1/06 because it was Based on False and Misleading Accusations Made Against Plaintiff by Defendants, hereby state as follows: 1. Each of those matters alleged by Plaintiff occurred prior to entry of the Final Pre-

Trial Order in this case. As the Court and each of the parties signed the Final Pre-Trial Order in this matter, Plaintiff' Motion is moot. s 2. As the Court at the Final Pre-Trial Conference on June 12, 2006 directed counsel

to work together towards reaching further stipulations to be incorporated into the Final Pre-Trial Order, Plaintiff' Motion is moot for this reason as well. s 3. Plaintiff' Motion seeks relief similar to her previously filed Motion to Comply s

[Doc. No. 226], which was denied [Doc. No. 229]. Thus, it is moot for this reason as well. 4. Finally, Defendants state that they have at all times attempted to work with this

formerly pro se litigant in a professional, forthright, and good faith manner and specifically deny any allegations to the contrary. WHEREFORE, Defendants respectfully request Plaintiff' for Relief Pursuant to Rule s 60(b)(3) from Magistrate Judge Coan' Order of 6/1/06 Denying Plaintiff her Lawful Authorized s Right to Comply with Magistrate Judge Coan' Order of January 21, 2006 and to Object and Set s Aside the Final Pre-Trial Conference of 6/1/06 Because it was Based on False and Misleading Accusations Made Against Plaintiff by Defendants be denied.

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

Document 246

Filed 06/22/2006

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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

CERTIFICATE OF SERVICE I HEREBY CERTIFY that on this 22nd day of June, 2006, I electronically filed a true and correct copy of the above and foregoing RESPONSE TO PLAINTIFF' MOTION FOR S RELIEF PURSUANT TO RULE 60(b)(3) 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

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

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