Free Response to Motion - District Court of Colorado - Colorado

Case 1:03-cv-02514-EWN-BNB

Document 91

Filed 08/03/2006

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action Number: KERRY L. COURNOYER, Plaintiff, v. LARRY E. REID, and DAVID D. HOLT. Defendants. 03-cv-2514-EWN-BNB

RESPONSE TO MOTION FOR COURT TO ORDER COUNSEL FOR DEFENDANT TO PROVIDE PLAINTIFF WITH A COPY OF DEFENDANTS' REPLY TO "PLAINTIFF'S ANSWER TO SUMMARY JUDGMENT" FILED JULY 6, 2006

DEFENDANTS LARRY E. REID and DAVID D. HOLT, by and through their attorneys, CAIN & HAYTER, LLP, hereby respond as follows to Plaintiff's Motion for Court to Order Counsel for Defendant to Provide Plaintiff with a Copy of Defendants' Reply to "Plaintiff's Answer to Summary Judgment" filed July 6, 2006 (document 88 on the Court's docket, filed on August 1, 2006): 1. Paralegal to undersigned counsel for Defendants inadvertently failed to provide Plaintiff with a copy of Defendants' Reply to "Plaintiff's Answer to Summary Judgment," upon e-filing the same with the Court via ECF on July 6, 2006. 2. Undersigned counsel for Defendants was unaware of the failure to provide Plaintiff with a copy of Defendants' Reply to "Plaintiff's Answer to Summary Judgment," until

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Case 1:03-cv-02514-EWN-BNB

Document 91

Filed 08/03/2006

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receipt of Plaintiff's correspondence dated July 24, 2006, requesting a copy of Defendants' Reply. 3. Immediately upon receipt of Plaintiff's request on July 27, 2006, paralegal to undersigned counsel for Defendants mailed a copy of Defendants' Reply to Plaintiff. A copy of the correspondence transmitting Defendants' Reply to "Plaintiff's Answer to Summary Judgment," dated July 27, 2006 is attached hereto as Exhibit A. 4. Plaintiff has not been prejudiced by the inadvertent failure of paralegal to undersigned counsel for Defendants to provide a copy of Defendants' Reply to "Plaintiff's Answer to Summary Judgment," as no responsive pleading to a reply is allowed to be filed without leave of Court. 5. Plaintiff's Motion for Court to Order Counsel for Defendant to Provide Plaintiff with a Copy of Defendants' Reply to "Plaintiff's Answer to Summary Judgment" filed July 6, 2006 is moot and Defendants request that the Court deny Plaintiff's Motion. WHEREFORE Defendants pray for an Order denying as moot Plaintiff's Motion for Court to Order Counsel for Defendant to Provide Plaintiff with a Copy of Defendants' Reply to "Plaintiff's Answer to Summary Judgment" filed July 6, 2006. Respectfully submitted this 3rd day of August, 2006.

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Case 1:03-cv-02514-EWN-BNB

Document 91

Filed 08/03/2006

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s/ Kristine K. Hayter Kristine K. Hayter, No. 30357 CAIN & HAYTER, LLP 128 South Tejon, Suite 100 Colorado Springs, Colorado 80903 Telephone: (719) 575-0010 Email: [email protected] Attorneys For Defendants Reid and Holt CERTIFICATE OF SERVICE I hereby certify that on this 3rd day of August, 2006, a true and correct copy of the foregoing RESPONSE TO MOTION FOR COURT TO ORDER COUNSEL FOR DEFENDANT TO PROVIDE PLAINTIFF WITH A COPY OF DEFENDANTS' REPLY TO "PLAINTIFF'S ANSWER TO SUMMARY JUDGMENT" FILED JULY 6, 2006 was filed with the Court via ECF and a copy was placed in the United States Mail, postage prepaid and addressed to the following: Mr. Kerry L. Cournoyer, No. 100304 Colorado State Penitentiary PO Box 777 (E-2-16) Cañon City, Colorado 81215-0999

s/ Kristi Holtzberg Kristi Holtzberg, Paralegal

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