Free Motion for Miscellaneous Relief - District Court of Colorado - Colorado

Case 1:03-cv-02420-RPM

Document 83

Filed 05/10/2006

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UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No.03-cv-2420 RPM SHARI MCCARLEY; REX ALLEN MCCARLEY; and JUDY ARBGAST for and on behalf of JESSICA MCCARLEY, a minor, individually and as heirs of REX MCCARLEY, deceased, Plaintiffs v. AEC OIL & GAS (USA), Inc, dba BALLARD PETROLEUM HOLDINGS, LLC, a Montana corporation; KEY ENERGY SERVICES, INC., a Delaware corporation; and WEATHERFORD HOLDING U.S. INC., a Texas corporation, dba WEATHERFORD U.S. LIMITED PARTNERSHIP Defendants ______________________________________________________________________________ PLAINTIFFS' REQUEST THAT COURT RETAIN JURISDICTION TO RESOLVE WORKERS COMPENSATION LIEN ______________________________________________________________________________ Plaintiffs, by and through their attorneys, SCHUETZE & GORDON LLP and SNOW, CHRISTENSEN & MARTINEAU, hereby file this Request that Court Retain Jurisdiction to Resolve Workers Compensation Lien and state as follows: COUNSEL FOR PLAINTIFF CERTIFIES THAT HE HAS ATTEMPTED TO CONFER WITH COUNSEL FOR DEFENDANTS REGARDING THIS MOTION. COUNSEL FOR AEC OIL & GAS (USA), INC. DBA BALLARD PETROLEUM HOLDINGS, LLC DOES NOT OBJECT. COUNSEL FOR PLAINTIFF WAS UNABLE TO REACH COUNSEL FOR KEY ENERGY SERVICES OR WEATHERFORD HOLDINGS U.S. INC. BUT IT IS NOT EXPECTED THAT THIS MOTION WILL BE OPPOSED INSOFAR AS IT SEEKS NO RELIEF AGAINST THESE DEFENDANTS.

Case 1:03-cv-02420-RPM

Document 83

Filed 05/10/2006

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1. claims. 2.

The parties in the underlying wrongful death suit have reached a settlement of their

There remains, however, an unresolved workers compensation lien that will require

a Jorgensen1 hearing if it is not able to be settled. 3. A Jorgensen hearing would determine how much of the settlement is subject to the workers compensation lien and, correspondingly, how much of a "credit" the workers compensation carrier will have against payment of future benefits. 4. The Jorgensen issue does not involve the underlying defendants. Thus, while the

underlying controversy has settled and the parties will file a Stipulation for Dismissal of those claims, the Court should retain jurisdiction over this matter to resolve the Jorgensen issue. Respectfully submitted this 10th day of May, 2006. SCHUETZE & GORDON LLP s/ Glen F. Gordon Glen F. Gordon 1327 Spruce Street, Suite 300 Boulder, CO 80302 Telephone: (303) 444-5944 FAX (303) 444-5939 Email: [email protected] Attorney for Shari McCarley et.al. and SNOW, CHRISTENSEN & MARTINEAU John R. Lund Trystan B. Smith 10 Exchange Place, Eleventh Floor P.O. Box 45000 Salt Lake City, UT 84145 Telephone: (801) 521-9000 FAX: (801) 363-0400 [email protected] Attorney for Shari McCarley et.al.

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Colorado Compensation Ins. Authority v. Jorgensen, 992 P.2d 1156 (Colo. 2000). 2

Case 1:03-cv-02420-RPM

Document 83

Filed 05/10/2006

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CERTIFICATE OF SERVICE I hereby certify that on May 10th, 2006, I electronically filed the foregoing with the Clerk of the Court by using the CM/ECF system which will send filing to the following email addresses: Terence M. Ridley, Esq. Michael D. Alper, Esq. WHEELER TRIGG KENNEDY LLP 1801 California Street, Suite 3600 Denver, CO 80202-2617 Email: [email protected] Geoffrey S. Race, Esq. L. Michael Brooks, Jr., Esq. WELLS, ANDERSON & RACE LLC 1700 Broadway, #1020 Denver, CO 80290 Email: [email protected] P. Keith Nelson, Esq. Christian W. Nelson, Esq. RICHARDS BRANDT MILLER & NELSON P.O. Box 2465 Salt Lake City, UT 84110 Email: [email protected] Jeff Detlefs, Esq. Kerr Brosseau Bartlett O'Brien, LLC 1600 Broadway, Suite 1600 Denver, CO 80202-4927 Email: [email protected] s/ Glorianne Scott Glorianne Scott

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