Free Response to Motion - District Court of Colorado - Colorado

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

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Filed 05/31/2006

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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. CITY AND COUNTY OF DENVER OFFICER R. BLEY, Badge No. 99006 OFFICER N. SAGEN, Badge No. 96-021 OFFICER JOHN DOE MAYOR JOHN HICKENLOOPER, in his official capacity WELLINGTON WEBB, as former Mayor, in his official capacity GERALD R. WHITMAN, Chief of Police, City and County of Denver, in his office capacity only J. WALLACE WORTHAM, JR., former Denver City Attorney, in his official capacity only CHRIS RAMSEY, former Denver Deputy City Attorney, in his official capacity only Defendants. and Civil Action No. 04-cv-319-PSF-PAC LILLIAN BARTON, Plaintiff, v. CITY AND COUNTY OF DENVER RICHARD BLEA NICK SAGAN JOSH VASCONCELLOS MAYOR JOHN HICKENLOOPER WELLINGTON WEBB GERALD R. WHITMAN RUDY SANDOVAL J. WALLACE WORTHAM, JR. CHRIS RAMSEY, Defendants.

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

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______________________________________________________________________________ RESPONSE TO MOTION TO COMPLY WITH COURT ORDER TO PREPARE AND FILE WITH THE COURT IN ACCORDANCE WITH APPENDIX G ­ A SIGNED PROPOSED FINAL PRETRIAL ORDER ______________________________________________________________________________ Defendants, the CITY AND COUNTY OF DENVER, OFFICER RICHARD BLEA (incorrectly designated as "Bley"), OFFICER NICK SAGAN (incorrectly designated as "Sagen"), OFFICER JOSH VASCONCELLOS, MAYOR JOHN HICKENLOOPER, WELLINGTON WEBB, GERALD R. WHITMAN, RUDY SANDOVAL, J. WALLACE WORTHAM, JR. and CHRIS RAMSEY (hereinafter "Defendants"), by their attorneys, SONJA S. McKENZIE and BRETT A. McDANIEL of the law firm of SENTER GOLDFARB & RICE, L.L.C., and in response to Plaintiff' Motion to Comply with Court s Order to Prepare and File with the Court in Accordance with Appendix G ­ A Signed Proposed Final Pretrial Order hereby state as follows: 1. Plaintiff filed her proposed Final Pretrial Order with the Court on May 16, 2006

before Defendants had the opportunity to submit their inclusions for the Pretrial Order. 2. the Court. 3. Within Defendant' Proposed Final Pretrial Order, they have endeavored to s Thus, on May 26, 2006, Defendants filed their Proposed Final Pretrial Order with

incorporate those required provisions of Plaintiff' Proposed Final Pretrial Order. s Notwithstanding, Defendants did omit sections from the Plaintiff' Proposed Final Pretrial Order s which are not required for same.

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

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4.

Defendants acted at all times in good faith and without intent to harm or prejudice

any party. The purpose of Defendants' Proposed Final Pretrial Order was to achieve procedural compliance, enhance efficiency, and reduce delay. 6. Plaintiff has indicated that Defendants have not complied with the requirements

of D.C.COLO.LCivR 16.3, Appendix G regarding settlement representations to the Court. Defendants specifically deny this assertion and cite to Section 10 of their Proposed Final Pretrial Order. 7. However, Defendants did indicate to Plaintiff that they objected to the filing of

any document containing specific terms of a proposed compromise as such a filing was neither required nor appropriate. See, Fed.R.Evid. 408. WHEREFORE, Defendants ask that the Court deny Plaintiff' Motion to Comply with s Court Order to Prepare and File With the Court in Accordance with Appendix G ­ A Signed Proposed Final Pretrial Order and accept the Proposed Final Pretrial Order they submitted to the Court on May 26, 2006.

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

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Respectfully submitted,

s/ Brett A. McDaniel Sonja S. McKenzie 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-mails: [email protected] [email protected] Attorneys 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 31st day of May, 2006, I electronically filed a true and correct copy of the above and foregoing RESPONSE TO MOTION TO COMPLY WITH COURT ORDER TO PREPARE AND FILE WITH THE COURT IN ACCORDANCE WITH APPENDIX G ­ ASSIGNED PROPOSED FINAL PRETRIAL ORDER 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, CO 80439 John Eckhardt 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

00225747

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