Free Motion to Reset - District Court of Colorado - Colorado

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

Document 82

Filed 07/29/2005

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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 RESET 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 vacating the Preliminary Scheduling/Status Conference currently set for August 15, 2005 at 9:45 a.m. and resetting same for another date which is convenient for the Court. 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. Therefore, the attached

correspondence was mailed to Plaintiff on July 15, 2005, and requested that Plaintiff contact the

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offices of the undersigned to advise of his position. [See, Exhibit A.] As of the date of the filing of this Motion, Plaintiff has not indicated whether he will oppose the relief requested herein. 2. The Court set this matter for a Preliminary Scheduling/Status Conference on July

12, 2005 at the hour of 9:00 a.m., at which time pro se Plaintiff did not appear, and counsel for Defendant was released from the proceeding after the Court made a record. [Docket No. 76] Plaintiff then appeared at the courtroom, and the Court reset the Preliminary Scheduling/Status Conference for August 15, 2005 at 9:45 a.m. Counsel for Defendants was not present at the time of the setting. 3. Counsel for Defendants is currently scheduled to attend a deposition in Dillon,

Colorado on Monday, August 15, 2005 at 9:00 a.m. with regard to another matter, specifically, Brudwick, et al. v. Minor, et al., Civil Action No. 05-cv-601-WYD-MJW. However, the

undersigned counsel can attend a Preliminary Scheduling/Status conference August 16, 2005, August 17, 2005, or in the afternoon on August 18, 2005.

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WHEREFORE, Defendants respectfully request that this Court vacate the currently scheduled Preliminary Scheduling/Status Conference set for August 15, 2005 and reset same for another date at the convenience of the Court. 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

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CERTIFICATE OF MAILING I HEREBY CERTIFY that on this 29th day of July, 2005, a true and correct copy of the above and foregoing MOTION TO RESET 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

00189358

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