Free Motion for Leave - District Court of Colorado - Colorado

Case 1:03-cv-02462-WYD-PAC

Document 84

Filed 01/26/2006

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 03-CV-02462 WYD-PAC

BOBBY L. PADILLA Plaintiff, v SAN LUIS CENTRAL RAILROAD COMPANY, Defendant.

UNCONTESTED MOTION FOR LEAVE TO TENDER THE PROPOSED FINAL PRETRIAL ORDER TO THE MAGISTRATE JUDGE ON FEBRUARY 1, 2006, TWO DATES LATE As bases for the above, plaintiff, by his attorney John A. "Jack" Kintzele, respectfully states: DUTY TO CONFER The undersigned counsel for plaintiff certifies that he has talked with counsel for defendant regarding this matter on January 26, 2006 at 9:45 A.M. oppose the relief requested. 1. For several months, all counsel have been advised of Counsel for defendant will not

the tender date of January 30, 2006 to the Magistrate Judge for the proposed Final Pretrial Order. 2. On Friday, January 20, 2006, counsel for plaintiff

first became advised that defendant's attorney was not available on either January 27 or 30, 2006.

Case 1:03-cv-02462-WYD-PAC

Document 84

Filed 01/26/2006

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3.

Both parties discussed the Final Pretrial Order had

to be made ready on or before January 30, 2006. 4. Counsel for defendant said "sometime today" his

witnesses and exhibits would be made available to plaintiff's counsel, together with defendant's comments about plaintiff's tendered Final Pretrial Order. 5. Attached is the Final Pretrial Order, electronically

tendered by plaintiff at about 1:00 P.M. on January 25, 2006, to defendant's counsel, which has been discussed only superficially at least three (3) times since submission. 6. Obviously defendant's rights as to the Final Pretrial

Order must be protected, but to do so fully it appears that it will probably take extra time, despite plaintiff's efforts.

Respectfully Submitted, s/John A. "Jack" Kintzele_____ John A. "Jack" Kintzele, #1842 1317 Delaware Street Denver, Colorado 80204 Telephone: 303-892-6494 FAX: 303-893-2053 E-mail: [email protected] Attorney for Plaintiff

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Case 1:03-cv-02462-WYD-PAC

Document 84

Filed 01/26/2006

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Certificate of Service On this the 26th day of January 2006 a copy of the above was mailed, postage prepaid to: Bobby Padilla P.O. Box 2817 Espanola, NM 87532 On this the 26th day of January 2006 a copy of the above was electronically filed to: Evan S. Lipstein, Esq. 12600 West Colfax Avenue, #C-400 Lakewood, CO 80215 s/John A. "Jack" Kintzele_____ John A. "Jack" Kintzele, #1842

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