Free Motion to Continue - District Court of Colorado - Colorado

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

Document 368

Filed 03/13/2006

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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 situation employees, and other individuals who have consented to join this action, Plaintiff, v. Heartland Home Finance, Inc., Defendant. DEFENDANT'S UNOPPOSED MOTION TO RESCHEDULE HEARING

Defendant, Heartland Home Finance Inc., ("Defendant") b y counsel, pursuant to D.C. COLO.L. Civ. R. 6.1 and 7.1, submits this Unopposed Motion to Reschedule Hearing and in support, states as follows: 1. This Court has scheduled a hearing for March 30, 2006, at 9:00 a.m. to deal with

current discovery issues that are before the Court on Defendant's Motion to Compel [Doc. 355] and Defendant's Motion for Sanctions Against Ron Gundel [Doc. 356]. 2. The March 30 date presents a scheduling conflict for Defendant's counsel (Spring

Break for children of lead counsel and local counsel). Moreover, the parties have scheduled a private mediation for April 11 and 12, 2006, with the hope of resolving the case. Counsel for both sides would prefer to spend their time and energy on the upcoming settlement efforts. 3. Defendant is comfortable that it will not be prejudiced by a reasonable delay in the hearing. For example, the parties will be in Denver on April 18 for a court-ordered mediation

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

Document 368

Filed 03/13/2006

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(in the event the private mediation fails), and this might be an excellent time to deal with the discovery issues requiring a hearing. This would also promote efficient use of everyone's time. 4. This motion is made in good faith, and not for purposes of undue delay. WHEREFORE, Defendant respectfully requests that the current hearing scheduled for March 30, 2006, be rescheduled to April 18, 2006, or such other time as the Court deems appropriate, and is reasonably agreeable to counsel for the parties, and for such other and further relief as this Court deems necessary and proper. Certification Under D.C. Colo. L. Civ. R 7.1 The undersigned certifies that counsel for Defendant David J. Carr has communicated with Michele Fisher, counsel for Plaintiff, and that Plaintiffs consent to the rescheduling of the hearing requested in this motion. Respectfully submitted this 13th day of March, 2006.

____/s/ David J. Carr____________ David J. Carr, Attorney No. 4241-49 Steven F. Pockrass, Attorney No. 18836-49 Ice Miller One American Square Box 82001 Indianapolis, IN 46282 (317) 236-2100 Sean R. Gallagher HOGAN & HARTSON LLP 1200 Seventeenth Street, Suite 1500 Denver, CO 80202 (303) 454-2415 Attorneys for Defendant

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

Document 368

Filed 03/13/2006

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CERTIFICATE OF SERVICE I hereby certify that on March 13, 2006, I electronically filed the foregoing 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] NICHOLS, KASTER & ANDERSON I hereby certify that on March 13, 2006, I served via U.S. Mail, First Class Delivery:

Tom Beck, Esq. Heartland Home Finance, Inc. 1401 Branding Lane, Suite 300 Downers Grove, IL 60515

_/s/ David J. Carr_______ Attorney for Defendant

INDY 1703196v1 1703196v.1

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