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

Case 1:03-cv-02485-MSK-PAC

Document 404

Filed 07/28/2006

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No.: 1:03-cv-02485-MSK-PAC CAMILLE MELONAKIS-KURZ, individually and on behalf of other similarly situated employees, and other individuals who have consented to join this action, Plaintiffs, v. Heartland Home Finance, Inc., Defendant. _____________________________________________________________________________ NOTICE OF EXPIRATION OF TIME FOR OBJECTING TO SETTLEMENT AND JOINT REQUEST FOR FINAL RULING APPROVING SETTLEMENT ______________________________________________________________________________

Plaintiffs through their attorneys, Nichols Kaster & Anderson ("Plaintiffs' Counsel"), and Defendant Heartland Home Finance, Inc., ("Defendant") through its attorneys, Ice Miller LLP ("Defendant's Counsel"), filed a Stipulation of Settlement on May 17, 2006, (#398). On May 17, 2006, the Court entered an order approving the settlement procedure subject to the modification that the notice distinguish between objections to the settlement as a whole, and objections to the individual allocations provided by the settlement agreement (#399). Since then, the parties have complied with all terms of the settlement procedure, including providing notice to all Plaintiffs and an opportunity to object to the proposed settlement as a whole, and to the individual allocations provided by the settlement agreement. The time period for such objections has passed, and no one has objected to the settlement as a whole, or to the individual allocations provided by the settlement agreement. Upon expiration of the period for objections, Plaintiffs and Plaintiffs' Counsel received their settlement checks from Defendant.

Case 1:03-cv-02485-MSK-PAC

Document 404

Filed 07/28/2006

Page 2 of 3

WHEREFORE, pursuant to the Court's Order (#399) and Order to Show Cause (#403), the parties, by counsel, respectfully request a ruling approving the Settlement between Camille Melonakis-Kurz, individually and on behalf of other similarly situated employees, and other individuals who have consented to join this action, and the Defendant, Heartland Home Finance, Inc.

Dated: July 28, 2006 NICHOLS KASTER & ANDERSON, PLLP

Dated: July 28, 2006 ICE MILLER LLP

s/ Michele R. Fisher Donald H. Nichols, MN #78918 Paul J. Lukas, MN #22084X Michele R. Fisher, MN #303069 4600 IDS Center Minneapolis, MN 55402 Telephone: (612) 256-3200 ATTORNEYS FOR PLAINTIFFS

s/ David J. Carr David J. Carr, IN #4241-49 Margaret Wielenberg IN#23858-49A One American Square, Suite 3100 Indianapolis, IN 46282 Telephone: (317) 236-2100 Sean R. Gallagher, CO #16863 HOGAN & HARTSON, LLP 1200 Seventeenth Street, Suite 150 Denver, CO 80202 Telephone: (303) 454-2415 ATTORNEYS FOR DEFENDANT

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Case 1:03-cv-02485-MSK-PAC

Document 404

Filed 07/28/2006

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CERTIFICATE OF SERVICE I hereby certify that on July 28, 2006, the foregoing was electronically filed with the Clerk of Court using the CM/ECF System which will send notification of such filing to the following e-mail addresses: Donald H. Nichols [email protected] Paul J. Lukas [email protected] Michele R. Fisher [email protected] Sarah M. Fleegel [email protected] Jill M. Novak [email protected] Rachhana T. Srey [email protected]

s/ David J. Carr Attorney for Defendant ICE MILLER LLP One American Square, Suite 3100 Indianapolis, Indiana 46282-0200 (317) 236-2100

-3I/1799270.1