Free Response to Motion - District Court of Colorado - Colorado

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

Document 237

Filed 06/09/2006

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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 MOTION FOR CONTINUANCE ______________________________________________________________________________ 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 respond to Plaintiff' Motion for Continuance as follows: s

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

Document 237

Filed 06/09/2006

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Plaintiff has moved for a continuance of trial on the basis that she is having

"critical oral surgery," and has indicated that she has located an attorney to represent her in this matter provided such continuance is granted. 2. Defendants are mindful of Plaintiff' health concerns, but note that she has not s

provided any supporting documentation, including the name of the doctor performing the surgery, the date of this surgery, and a statement from the doctor regarding Plaintiff' condition. s 3. In addition, Plaintiff has been acting in a pro se capacity for over eighteen (18)

months. In that time, Plaintiff has filed numerous pleadings and motions with this Court and has requested a number of continuances of previously scheduled hearings. 4. The trial in this matter has been set for approximately five (5) months. Plaintiff

has had more than adequate opportunity to retain the services of a competent attorney to represent her in this case during that period of time and it is prejudicial to Defendants that counsel would not be retained until the eve of trial, creating a situation where a continuance may be necessary. 5. 6. Accordingly, Plaintiff has not shown good cause for the requested relief. Moreover, Plaintiff previously had legal counsel in this matter through October,

2004 and that counsel withdrew. Plaintiff also had numerous attorneys representing her in the related criminal matter. Thus, there is a risk of counsel withdrawing at a later date, which would make this continuance for naught. WHEREFORE, Defendants respectfully request Plaintiff' Motion for Continuance of s Trial be denied for those reasons stated herein.

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

Document 237

Filed 06/09/2006

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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 9th day of June, 2006, I electronically filed a true and correct copy of the above and foregoing RESPONSE TO MOTION FOR CONTINUANCE with the Court via CM/ECF system and served via the U.S. mail, first class postage prepaid, addressed as follows: Lillian Barton 97 Soda Creek Road Evergreen, Colorado 80439 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

00226837.DOC

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