Free Motion to Reset - District Court of Colorado - Colorado

Case 1:03-cv-02608-WDM-MJW

Document 53

Filed 10/31/2006

Page 1 of 3

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO

Civil Action No. 1:03 ­ cv ­ 02608 ­ WDM - MJW LORNA FOOSHEE, individually, as personal representative of the estate of MICHAEL FOOSHEE, deceased, and as parent of DARLEN FOOSHEE, a minor; RICK FOOSHEE, and MARILYN FOOSHEE Plaintiff, v. MYLAN PHARMACEUTICALS, INC. and UNITED STATES OF AMERICA Defendants.

PLAINTIFFS' MOTION TO RESCHEDULE SETTLEMENT CONFERENCE

Come now the Plaintiffs, by and through undersigned counsel, and hereby move the court as follows: CERTIFICATE OF CONFERENCE 1. The undersigned has conferred with opposing counsel. The attorney for the

Defendant United States of America agrees that it would best facilitate the potential for settlement if the conference were rescheduled. The attorney for Defendant Mylan has been unable to communicate with in-house counsel and, therefore, is not currently authorized to agree to the relief requested. MOTION 2. Previously, a settlement conference had been scheduled for October 31,

2006 but was re-scheduled to sua sponte to November 6, 2006.

1

Case 1:03-cv-02608-WDM-MJW

Document 53

Filed 10/31/2006

Page 2 of 3

3.

The undersigned is not available that date due to commitments to another

case; specifically, depositions involving out of state lawyers in Colorado Springs. 4. In addition to the scheduling difficulties, the undersigned and the attorney for

the government both agree that the settlement conference would be premature. There is discovery outstanding to both Defendants which will not be due until after the settlement conference. Neither of the Defendants will have fully disclosed experts by the date of the settlement conference, making study and evaluation of probable defense expert testimony not feasible. This products liability and professional negligence case is, of course, expert driven. 5. This request will not result in further delay, but will allow for the availability of

all counsel and completion of certain process in the case that will help facilitate the possibility of settlement. An additional 30 days, that is a setting by early to mid December, subject of course to the Court's calendar, should be sufficient. PRAYER Wherefore, premises considered, Plaintiffs with agreement of one Defendant, request that the settlement conference be vacated and reset. Respectfully submitted this 31st day of October 2006.

s/D. Robert Jones D. Robert Jones, #25393 219 W. Colorado Ave, #210 Colorado Springs, CO 80903 (719) 630-1556 Attorney for Plaintiffs

2

Case 1:03-cv-02608-WDM-MJW

Document 53

Filed 10/31/2006

Page 3 of 3

CERTIFICATE OF MAILING I hereby certify that on 31st day of October, 2006, I electronically filed the foregoing with the Clerk of Court using the CM/ECF system which will send notification of such filing. I hereby certify that I have mailed or served the document or paper to the following non CM/ECF participants in the manner indicated by the non-participant's name: Kurt J. Bohn, Esq. Assistant United States Attorney 1225 Seventeenth Street, Suite 700 Denver, CO 80202 Counsel for the United States of America Michael Matthews, Esq. Jackson Kelly 1099 18th St. #2150 Denver, CO 80202 Attorney for Defendant Mylan Clem C. Trishler, Esq. Pietragallo, Bosick & Gordon The Thirty-Eighth Floor One Oxford Center Pittsburgh, PA 15219 Co-Counsel for Defendant Mylan

s/Summer Humphreys

3