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

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

Document 185

Filed 07/20/2007

Page 1 of 3

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. DEFENDANTS/COUNTERCLAIMANTS' REPLY IN SUPPORT OF MOTION TO QUASH WRITS OF EXECUTION

Defendants/Counterclaimants Gary and Joanne Boyce (the "Boyces"), by and through their undersigned counsel, submit the following Defendants/Counterclaimants' Reply in Support of Motion to Quash Writs of Execution. 1. On June 26, 2007, in response to the Boyces' Judgment Debtors'

Emergency Motion For: (A) A Stay Pending Appeal, Or, In The (B) Alternative Interim Stay (the "State Court Motion to Extend Interim Stay") in the related case, Peter Hornick v. Gary Boyce and Joanne Boyce, Case No. 06CV135, District Court for Saguache County, Colorado ("State Court Action"), the Saguache County District Court granted the State Court Motion to Extend Interim Stay and extended the stay of execution that it had previously entered in the State Court Action until the United States Court of Appeals for the Tenth Circuit ruled on the Boyces' Motion for Stay Pending Appeal (the "June 26th State Court Stay"). A copy of the June 26th State Court Stay was attached as

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

Document 185

Filed 07/20/2007

Page 2 of 3

Exhibit 1 to the Boyces' Notice Of Extension Of Interim Stay Entered In Related State Court Action [No. 184]. 2. On July 20, 2007, the United States Court of Appeals for the Tenth Circuit

issued its Order denying the Boyces' Motion for Stay Pending Appeal. Accordingly, the June 26th State Court Stay expired upon the Tenth Circuit's issuance of its order and, therefore, the relief sought in the instant motion is now moot. Respectfully submitted this 20th day of July, 2007. Original Signature on File /s/ Scott A. Hyman 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 185

Filed 07/20/2007

Page 3 of 3

CERTIFICATE OF SERVICE I certify that on this 20th day of July, 2007, the foregoing DEFENDANTS/COUNTERCLAIMANTS' REPLY IN SUPPORT OF MOTION TO QUASH WRITS OF EXECUTION 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 same in the United States Mails, first-class postage prepaid, addressed to the following: Delphine L. Farr, Esq. Lawlis & Bruce, LLC 1875 Lawrence Street, Suite 750 Denver, Colorado 80202 /s / Original Signature on File Joanne Torre Hyman Paralegal

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