Free Reply to Response to Motion - District Court of Colorado - Colorado

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

Document 190

Filed 09/06/2007

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UNITED STATES DISTRICT COURT DISTRICT OF COLORADO Civil Action No. 03-cv-02504-REB-CBS PETER HORNICK, an individual, Plaintiff/Counterclaim Defendant, v. GARY BOYCE and JOANNE BOYCE, individuals, Defendants/Counterclaimants. NOTICE OF STAY PURSUANT TO FED. R. CIV. P. 62(F)

Defendants/Counterclaimants

Gary

and

Joanne

Boyce

(collectively,

the

"Boyces"), through their undersigned counsel, respectfully advise the Court as follows: 1. On August 14, 2007, the Boyces filed Defendants/Counterclaimants'

Forthwith Renewed Motion for Stay of Execution Pending Appeal Pursuant to Fed. R. Civ. P. 62(d) and For Approval of Supersedeas Bond (the "August 14th Motion for Stay") [#186]. 2. Also on that date, the Boyces filed a Judgment Debtors' Emergency

Motion For Interim Stay (the "State Court Motion for Interim Stay") in a related case, Peter Hornick v. Gary Boyce and Joanne Boyce, Case No. 06CV135, District Court for Saguache County, Colorado (the "Miscellaneous Action").1

The Miscellaneous Action was filed by Mr. Hornick to enforce the judgment entered in this case in accordance with Colorado's Uniform Enforcement of Foreign Judgments Act.

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

Document 190

Filed 09/06/2007

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3.

On August 23, 2007, after a hearing attended by counsel for all parties,

the Saguache County District Court granted the State Court Motion for Interim Stay and entered a stay of execution until this Court rules upon the Boyces' August 14th Motion for Stay (the "August 23rd State Court Order"). A copy of the August 23rd State Court Order is attached as Exhibit A. 4. Accordingly, pursuant to Fed. R. Civ. P. 62(f), and consistent with this

Court's ruling in its Orders re: Defendant's Post-trial Motions [#136], the August 23rd State Court Order hereby extends to the execution proceedings in this action. Respectfully submitted this 24th day of August, 2007. Original Signature on File s/ John G. Lubitz John G. Lubitz, Esq. Scott A. Hyman, Esq. OSTER & MARTIN, LLC 370 17th Street, Suite 4400 Denver, Colorado 80202 Tel: 303.382.1200 Fax: 303.382.1202 Email: [email protected] [email protected] Counsel for Defendants/Counterclaimants Gary Boyce and Joanne Boyce

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

Document 190

Filed 09/06/2007

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CERTIFICATE OF SERVICE I certify that on this 24th day of August, 2007, a correct copy of the foregoing NOTICE OF STAY PURSUANT TO FED. R. CIV. P. 62(F) was served on all parties and other interested persons electronically via CM/ECF System, addressed to the following: Erich Schwiesow, Esq. Helen Sigmond, Esq. Lester, Sigmond, Rooney & Schwiesow 311 San Juan Avenue, P.O. Box 1270 Alamosa, Colorado 81101 And by depositing a copy of same in the United States Mail, postage prepaid, addressed to the following: Delphine L. Farr, Esq. Lawlis & Bruce, LLC 1875 Lawrence Street, Suite 750 Denver, Colorado 80202 Sheriff Mike Norris Saguache County Sheriff's Office 530 5th Street Saguache, Colorado 81149 Edward Zahren, United States Marshall U.S. Courthouse 1929 Stout Street, Room C-324 Denver, Colorado 80294 s / Joanne Torre Hyman Joanne Torre Hyman Paralegal

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