Free Notice (Other) - District Court of Colorado - Colorado

Case 1:03-cv-02504-REB-CBS

Document 193

Filed 09/18/2007

Page 1 of 3

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO

Case No. 03-CV-02504-REB-CBS PETER HORNICK, Plaintiff v. GARY BOYCE AND JOANNE BOYCE, Defendants

CONSENT TO RELIEF REQUESTED IN REPLY (#192) AND TO ENTRY OF REVISED PROPOSED ORDER AS MODIFIED (#192-5)

Plaintiff Peter Hornick, by and through his undersigned attorneys, consents to the relief requested in Defendants Boyces' Reply (Document 192) and to this Court's entry of the Revised Proposed Order submitted with that Reply as Document 192-5 EXCEPT THAT the form of release to be used shall be as attached to this Consent as Exhibit 1. The undersigned counsel has conferred with counsel for the Boyces who has no objection to the amended form of release filed with this Consent.

WHEREFORE Plaintiff Hornick requests that this Court enter the Proposed Order Granting Defendants/Counterclaimants' Forthwith Renewed Motion for Stay of

1

Case 1:03-cv-02504-REB-CBS

Document 193

Filed 09/18/2007

Page 2 of 3

Execution Pending Appeal Pursuant to Fed R. Civ. P. 62(d) and for Approval of Supersedeas Bond (Document 192-5), but require Hornick to execute the form of release attached to this Consent rather than the form attached to the Motion as Exhibit B.

Respectfully Submitted this 17th day of September, 2007

s/ Erich Schwiesow Erich Schwiesow Lester, Sigmond, Rooney & Schwiesow P.O. Box 1270 Alamosa, Colorado 81101 Telephone: (719) 589-6626 FAX (719) 589-5555 Email: [email protected] Attorney for Plaintiff, Peter Hornick

2

Case 1:03-cv-02504-REB-CBS

Document 193

Filed 09/18/2007

Page 3 of 3

CERTIFICATE OF SERVICE I hereby certify that on the 17th day of September, 2007, I electronically filed the foregoing Plaintiff Hornick's CONSENT TO RELIEF REQUESTED with the Clerk of the Court using the CM/ECF system which will send notification of such filing to the following e-mail addresses: [email protected] [email protected] s/ Erich Schwiesow

3