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

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

Document 184

Filed 07/05/2007

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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 EXTENSION OF INTERIM STAY ENTERED IN RELATED STATE COURT ACTION

Defendants/Counterclaimants

Gary

and

Joanne

Boyce

(collectively,

the

"Boyces"), through their undersigned counsel, respectfully advise the Court as follows: 1. On July 5, 2007, the Plaintiff/Counterclaimant Peter Hornick ("Hornick"),

filed with the Court Plaintiff's Response to Motion to Quash (the "Response") [No. 183]. 2. In his Response, Hornick represented to the Court that "[I]n any event, the

State Court stay has now expired by its own terms" (Response, at p. 2), and "there is currently no stay of execution in any Court" (Response, at p. 3). 3. Contrary to Hornick's representation, 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, the Saguache County District Court

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

Document 184

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granted the State Court Motion to Extend Interim Stay and extended the stay of execution that it had previously entered in the Miscellaneous Action until the United States Court of Appeals for the Tenth Circuit rules on the Boyces' Motion for Stay Pending Appeal (the "June 26th State Court Order of Stay"). A copy of the June 26th State Court Order of Stay is attached for the Court's convenience as Exhibit A. 4. The June 26th State Court Order of Stay was in effect on the date Hornick

filed his Response and remains in effect. 5. The Boyces further advise the Court that they fully intend to timely file a

Reply in Support of Motion to Quash. Respectfully submitted this 5th day of July, 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 184

Filed 07/05/2007

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CERTIFICATE OF SERVICE I certify that on this 5th day of July, 2007, a correct copy of the foregoing NOTICE OF EXTENSION OF INTERIM STAY ENTERED IN RELATED STATE COURT ACTION 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 s / Joanne Torre Hyman Joanne Torre Hyman Paralegal

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