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

Case 1:03-cv-02435-PSF-PAC

Document 258

Filed 09/25/2006

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO

Civil Action No. 03-cv-02435-PSF-PAC LILLIAN F. SANDLE, Plaintiff, v. R. JAMES NICHOLSON, Secretary, Department of Veterans Affairs, Defendant.

DEFENDANT'S NOTICE OF ERRATA RE: MOTION FOR SUMMARY JUDGMENT

Defendant R. James Nicholson, Secretary, Department of Veterans Affairs,1 by and through undersigned counsel, hereby serves notice of three inadvertent errors in defendant's Motion for Summary Judgment, filed September 1, 2006. See Docket No. 243. They are as follows: Page 22 of the motion, at the top, refers to an exhibit, but the number of the exhibit is not included on the page. The exhibit to which defendant referred on page 22 of its

Plaintiff originally named as the defendant Anthony J. Principi, who at the time was the Secretary, Department of Veterans Affairs. In early 2006 Mr. Nicholson was named as Secretary, and he is therefore automatically substituted as the defendant pursuant to Fed. R. Civ. P. 25(d)(1).

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Case 1:03-cv-02435-PSF-PAC

Document 258

Filed 09/25/2006

Page 2 of 4

summary judgment motion was Exhibit C-2, in particular, pages 2-3 of Exhibit C-2. Defendant has already filed Exhibit C-2 with the Court in support of defendant's motion. Page 32 of the motion refers to the position of Night Relief Supervisor. Defendant inadvertently omitted an exhibit to support defendant's assertions on page 32 of the motion, regarding the position of Night Relief Supervisor. That exhibit is Exhibit C-19. Defendant hereby attaches Exhibit C-19 in support of defendant's assertions at page 32 of its motion regarding the position of Night Relief Supervisor. Page 43 of the motion states, at heading "B" at the top of the page, that defendant's motion should be granted "with respect to plaintiff's retaliation claim." Defendant's argument following Heading "B" instead refers to plaintiff's Rehabilitation Act argument. Consequently, heading "B" itself should have indicated that the motion should be granted with respect to plaintiff's "Rehabilitation Act" claim. Defendant apologizes for these three inadvertent errors and hereby corrects these errors by submitting this notice and attaching hereto Exhibit C-19. /// ///

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Case 1:03-cv-02435-PSF-PAC

Document 258

Filed 09/25/2006

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Dated this 25 th day of September, 2006. Respectfully submitted, TROY A. EID United States Attorney s/ Michael C. Johnson MICHAEL C. JOHNSON Assistant United States Attorney 1225 Seventeenth Street, Suite 700 Denver, Colorado 80202 Telephone: (303) 454-0134 FAX: (303) 454-0408 E-mail: [email protected] Counsel for Defendant

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Case 1:03-cv-02435-PSF-PAC

Document 258

Filed 09/25/2006

Page 4 of 4

CERTIFICATE OF SERVICE I hereby certify that on this 25 th day of September, 2006, I electronically filed the foregoing document with the Clerk of the Court using the CM/ECF system, which will send notification of such filing to the following e-mail addresses: Counsel for Plaintiff: Dugan William Edward Bliss Email: [email protected] Sean Robert Gallagher Email: [email protected]

I hereby certify that on this 25 th day of September, 2006, I served the foregoing document via electronic mail on the following non-CM/ECF participant: Agency Counsel: Thomas Kennedy [email protected]

s/ Michael C. Johnson MICHAEL C. JOHNSON Attorney for Defendant United States Attorney's Office 1225 Seventeenth Street, Suite 700 Denver, Colorado 80202 Telephone: (303) 454-0134 FAX: (303) 454-0408 E-mail: [email protected]

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