Free Motion to Reset - District Court of Colorado - Colorado

Case 1:03-cv-02372-PSF-PAC

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 03-cv-2372-PSF-PAC JACK BARRECA Plaintiff, v. SOUTH BEACH BEVERAGE CO., INC.; LOTTE U.S.A.; and 7-ELEVEN, INC. Defendants.

DEFENDANTS' UNOPPOSED MOTION TO ADJOURN TRIAL

Defendants, South Beach Beverage Company, Inc., 7-Eleven, Inc. and Lotte USA, Inc., by and through their attorneys, hereby move the Court to adjourn the current October 24, 2005 trial date to a date in January 2006 or any subsequent date that accommodates the Court's trial schedule. In support of this Motion, Defendants state the following: 1. Pursuant to Local Civil Rule 7.1(A), Defendants state that they have contacted

counsel for Plaintiff, who has indicated that Plaintiff does not oppose the present Motion. 2. Magistrate Judge Cohn held a pretrial conference on June 23, 2005. After the

conference, she instructed counsel to go to United States District Court Judge Figa's offices to obtain a trial date. 3. Counsel had informed Magistrate Judge Cohn and the Court's secretary that lead

counsel for Defendants, Kevin Abraham Rynbrandt of Varnum Riddering Schmidt & Howlett

Case 1:03-cv-02372-PSF-PAC

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LLP,

is scheduled to be in another trial in Michigan State Court during the last two weeks of

October 2005 and an additional trial in the United States District Court for the Northern District of California, set to commence on November 7, 2005. 4. The Court's secretary kindly informed counsel that the Court's standing

procedures were to not allow trial dates to be scheduled more than four months in the future and that to schedule trial dates more than four months beyond the pretrial conference date required a motion. Hence, Defendants file the present Motion. 5. The trial dates for Mr. Rynbrandt in the Michigan State Court and the United

States District Court for the Northern District of California have been scheduled for some time. Mr. Rynbrandt has been lead counsel for Defendants in the prior litigation between the parties in this same Court for the last three years, and is lead trial counsel in this case as well. It is therefore essential that Mr. Rynbrandt participate in trial of this matter. 6. In addition, there are still numerous dispositive motions pending in this matter,

the resolution of which will significantly impact the parties' trial preparation. 7. Defendants believe that it is in the best interest of the Court's docket and the

economy of resources for the parties and the Court to adjourn the current October 24, 2005 trial date in this matter to a later date. WHEREFORE, Defendants request that the Court adjourn the October 24, 2005, trial date indefinitely without permanent date or to a date certain in January 2006 or later.

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Dated: August 8, 2005

s/ Adam J. Brody Adam J. Brody Kevin Abraham Rynbrandt Varnum, Riddering, Schmidt & Howlett LLP P.O. Box 352 Grand Rapids, MI 49501-0352 Tel. (616) 336-6000 Fax: (616) 336-7000 Emails: [email protected] [email protected] and Michael L. Hutchinson, No. 20853 Treece, Alfrey, Musat & Bosworth, P.C. 999 18th Street, Suite 1600 Denver, CO 80202 Tel. (303) 292-2700 Fax: (303) 295-0414 Email: [email protected] for Defendants South Beach Beverage Company, Inc., 7-Eleven, Inc., and Lotte U.S.A., Inc.

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CERTIFICATE OF SERVICE I hereby certify that on this 8th day of August, 2005, I presented the foregoing to the Clerk of Court for filing and uploading to the CM/ECF system which will send notification of such filing to the email addresses of the following persons: Joseph E. Kovarik, Esq. ([email protected]) Robert Brunelli, Esq. ([email protected]) Sheridan Ross, P.C. 1560 Broadway, Suite 1200 Denver, CO 80202-5141

s/Adam J. Brody
1149322_1.DOC

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