Free Motion to Continue - District Court of Colorado - Colorado

Case 1:03-cv-02422-WDM-OES

Document 87

Filed 08/09/2005

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 03-cv-2422-WDM-OES LUTHER EARL MADRY, JR., Plaintiff, v. LISA PICKERING, GILBERT J. LADRINI, JR., JEFFERY MAIZE, and DANIEL ANDERSON, Defendants.

MOTION TO CONTINUE SCHEDULING CONFERENCE PORTION OF AUGUST 17, 2005 PRELIMINARY SCHEDULING/STATUS CONFERENCE ______________________________________________________________________________ Defendants, LISA PICKERING, GILBERT J. LADRINI, JR., JEFFERY MAIZE, and DANIEL ANDERSON (hereinafter "Defendants"), by their attorneys, THOMAS S. RICE and GILLIAN FLENER of the law firm SENTER GOLDFARB & RICE, L.L.C., hereby move the Court for an Order continuing that portion of the August 17, 2005 Preliminary Scheduling/Status Conference as it pertains to the entry of a Scheduling Order. AND AS GROUNDS THEREFOR, Defendants state as follows: 1. Pursuant to D.C.COLO.LCivR 7.1(A), undersigned counsel cannot confer by

telephone with Mr. Madry, the pro se Plaintiff in this matter, because Mr. Madry has never provided a telephone number at which he can be reached, nor has Mr. Madry initiated contact and attempted to work with the undersigned to prepare and submit a proposed Scheduling Order to the Court on or before August 10, 2005, as has been mandated by this Court.

Case 1:03-cv-02422-WDM-OES

Document 87

Filed 08/09/2005

Page 2 of 3

2.

On July 12, 2005, the Court attempted to hold a Scheduling Conference in this

matter. Defendants' counsel appeared on time, but after Plaintiff failed to appear, Defendants' counsel was dismissed from the proceeding. Plaintiff later appeared at the courtroom and Magistrate Judge Schlatter reminded him that during the previous proceedings held on March 18, 2005, Plaintiff had been informed that a proposed Scheduling Order should be prepared and submitted to the Court. [See, Dkt. # 77.] Plaintiff was further instructed that he should have initiated contact and worked with counsel for the defense to prepare such a document for the July 12, 2005 Scheduling Conference, but Plaintiff had not done so. 3. The Scheduling Conference was once again reset to allow for the preparation of

the proposed Scheduling Order, and Magistrate Judge Schlatter again ordered that Plaintiff shall initiate contact and work with counsel for the Defendants to prepare and submit a proposed Scheduling Order to the Court on or before August 10, 2005. [See, Dkt. # 77.] As of the filing of this motion, Plaintiff has failed to comply with the Court's July 12, 2005 Order in that he has not initiated contact with the undersigned in order to prepare and submit a proposed Scheduling Order.

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Case 1:03-cv-02422-WDM-OES

Document 87

Filed 08/09/2005

Page 3 of 3

WHEREFORE, Defendants respectfully request that this Court continue that portion of the August 17, 2005 Preliminary Scheduling/Status Conference as it pertains to entry of a Scheduling Order, and proceed with conducting a Status Conference in this matter. Respectfully submitted,

s/ Gillian Flener Gillian Flener Senter Goldfarb & Rice, L.L.C. 1700 Broadway, Suite 1700 Denver, CO 80290 Telephone: (303) 320-0509 FAX: (303) 320-0210 E-mail: [email protected] Attorney for Defendants

CERTIFICATE OF MAILING I HEREBY CERTIFY that on this 9th day of August, 2005, a true and correct copy of the above and foregoing MOTION TO CONTINUE SCHEDULING CONFERENCE PORTION OF AUGUST 17, 2005 PRELIMINARY SCHEDULING/STATUS CONFERENCE was filed with the Clerk of Court using the CM/ECF system and was placed in the U.S. Mail, first class postage pre-paid, addressed to: Luther Earl Madry, Jr., Pro Se 1331 Downing Street, #302 Denver, Colorado 80218

s/ Stephanie Nelson Stephanie Nelson E-mail: [email protected] Secretary for Attorney Gillian Flener

00192255

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