Free Response - District Court of Colorado - Colorado

Case 1:03-cv-02339-RPM

Document 175

Filed 10/20/2005

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 03-M-2339(MJW) JOHN HIMMLER, individually and on behalf of his minor son, and JACOB HIMMLER, a minor Plaintiffs, vs. ELODE BRODBECK, an individual, RICHARD MANGEN, an individual, DAVID KIEFFER, an individual, PATRICIA ANN PHILLIPS, an individual, CHILD AND FAMILY CENTE,R INC., a Colorado Corporation, and BEHAVIORAL ASSOCIATES, INC., a Colorado Corporation, Defendants. ______________________________________________________________________________ DEFENDANT MANGEN'S RESPONSE TO PLAINTIFFS' OBJECTIONS TO ORDER OF DISMISSAL ISSUED SEPTEMBER 3, 2005 ______________________________________________________________________________ Defendant Richard Mangen, Psy.D. ("Dr. Mangen"), by his attorneys, responds to Plaintiffs' Objections to Order of Dismissal Issued September 30, 2005 as follows: 1. Plaintiffs state that this Court struck portions of the Third Amended Verified

Complaint during a hearing on Defendants' motions to strike held on July 16, 2004 and that this Court's Order dated September 30, 2005 cites to the same stricken portions of the Third Amended Complaint. This is incorrect. 2. Plaintiffs did not file their Third Amended Verified Complaint until August 5,

2004. Although Defendants subsequently filed motions to strike, this Court denied Defendants' motions by a minute order on September 8, 2004 following a hearing on the same day.

Case 1:03-cv-02339-RPM

Document 175

Filed 10/20/2005

Page 2 of 3

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Plaintiffs contend that this Court's Order dated September 30, 2005 is not valid

because it does not bear the seal of the Court. This argument is incorrect. D.C.Colo.L.Civ.R. 5.6 provides: "Pursuant to Fed.R.Civ.P. 5(e), the court will permit materials to be filed, signed, and verified by electronic means." WHEREFORE, Dr. Mangen requests that this Court deny Plaintiffs' Objections to Order of Dismissal Issued September 30, 2005.

Dated this 20th day of October, 2005. s/ David H. Yun David H. Yun JAUDON & AVERY LLP 1660 Wynkoop Street, Suite 1010 Denver, CO 80202 Phone: (303) 832-1122 Fax: (303) 832-1348 Email: [email protected] Attorneys for Defendant Richard Mangen

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Case 1:03-cv-02339-RPM

Document 175

Filed 10/20/2005

Page 3 of 3

CERTIFICATE OF SERVICE I hereby certify that on October 20, 2005, I electronically filed the foregoing DEFENDANT MANGEN'S RESPONSE TO PLAINTIFFS' OBJECTIONS TO ORDER OF DISMISSAL ISSUED SEPTEMBER 3, 2005 with the Clerk of the United States District Court for the District of Colorado using the CM/ECF system which will send notification of such filing to the following: Trevor L. Cofer, Esq. [email protected] Thomas N. Alfey, Esq. [email protected] Peter S. Ely, Esq. [email protected] John and Jacob Himmler, pro se 825 9th Street Berthoud, CO 80513 s/ Olivia Erkhart

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