Free Motion to Continue - District Court of Colorado - Colorado

Case 1:03-cv-02461-MSK-MEH

Document 120

Filed 05/23/2006

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 03-cv-02461-MSK-MEH LEPRINO FOODS COMPANY, Plaintiff, v. FELDMEIER EQUIPMENT, INC., Defendant. FORTHWITH STIPULATED MOTION TO CONTINUE, OR ALTERNATIVELY, VACATE FINAL TRIAL PREPARATION CONFERENCE AND PENDING DEADLINES DUE TO SETTLEMENT ­ AND ­ CERTIFICATE OF COMPLIANCE WITH D.C.COLO.LCivR 6.1D Plaintiff Leprino Foods Company (" Leprino" and Defendant Feldmeier ) Equipment, Inc. (" Feldmeier" (collectively, the " ) Parties" through their counsel, ), respectfully submit this Forthwith Stipulated Motion to Continue, or Alternatively, Vacate Final Trial Preparation Conference and Pending Deadlines Due to Settlement. grounds therefor, the Parties state as follows: 1. During a settlement conference on May 17, 2006, before Magistrate Judge As

Michael E. Hegarty, the Parties came to an agreement to settle this matter. 2. The Parties have a Final Trial Preparation Conference scheduled before

Judge Krieger on May 26, 2006, at 1:30 p.m. Because of the recent settlement, the Parties seek to reset, or alternatively, vacate the Final Trial Preparation Conference. 3. Pursuant to MSK Civ. Practice Standard III.F., a hearing (such as the Final

Trial Preparation Conference) shall not be vacated due to settlement until the filing of

Case 1:03-cv-02461-MSK-MEH

Document 120

Filed 05/23/2006

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pleadings sufficient to resolve the matter and the issuance of an order. Although the Parties are earnestly working to file such pleadings that may not happen prior to May 26, 2006. 4. In order to comply with the intent of this Court' practice rules, and to s

promote financial efficiencies and judicial resources, the Parties move that the Final Trial Preparation Conference be continued to a date not earlier than June 7, 2006. This would allow execution of the necessary documents that would allow the dismissal to be filed in this case without the need for a Final Trial Preparation Conference. Alternatively, the Parties move that the Final Trial Preparation Conference be vacated upon the filing of the stipulation for dismissal in the event such stipulation is filed prior to any Final Trial Preparation Conference. 5. The Parties also seek to reset, or alternatively, vacate the deadline of

May 23, 2006, for the submission of joint witness and exhibit lists, joint proposed voir dire, joint proposed jury instructions, joint verdict form, joint glossary, joint deposition designations, and the filing of trial briefs. The Parties likewise move that this deadline be continued to a date not earlier than June 5, 2006. 6. Pursuant to D.C.COLO.LCivR 6.1D, a copy of this motion is being served

upon each party. WHEREFORE, the Parties respectfully request a continuance of, or alternatively, vacate the Final Trial Preparation Conference and submission deadline referred herein because of the settlement achieved between the Parties.

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Case 1:03-cv-02461-MSK-MEH

Document 120

Filed 05/23/2006

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Respectfully submitted this 23rd day of May 2006. LEPRINO FOODS COMPANY FELDMEIER EQUIPMENT, INC.

s/ Bret M. Heidemann Michael G. Bohn Bret M. Heidemann Campbell Bohn Killin Brittan & Ray, LLC 270 St. Paul Street, Suite 200 Denver, Colorado 80206 (303) 322-3400 (phone) (303) 322-5800 (fax) [email protected] [email protected]

s/ Catherine Tallerico Catherine A. Tallerico, Esq. Fowler, Schimberg & Flanagan, P.C. 1640 Grant Street, Suite 300 Denver, Colorado 80203 (303) 298-8603 (phone) [email protected]

CERTIFICATE OF SERVICE I hereby certify that on the 23rd day of May 2006, a true and correct copy of the foregoing FORTHWITH STIPULATED MOTION TO CONTINUE, OR ALTERNATIVELY, VACATE FINAL TRIAL PREPARATION CONFERENCE AND PENDING DEADLINES DUE TO SETTLEMENT ­ AND ­ CERTIFICATE OF COMPLIANCE WITH D.C.COLO.LCivR 6.1D was deposited in the United States mail, postage prepaid, addressed to: Jon Alby, Esq. Leprino Foods Company 1830 W. 38th Avenue Denver, CO 80211 Feldmeier Equipment, Inc. P.O. Box 474 Syracuse, NY 13311-0474

s/ Cori Atteberry Cori Atteberry, Legal Assistant

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