Free Motion to Vacate - District Court of Colorado - Colorado

Case 1:03-cv-01959-MSK-PAC

Document 184

Filed 05/10/2006

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Civil Action Number 03-cv-01959-MSK-PAC IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Honorable Marcia S. Krieger

AHMED M. AJAJ, Plaintiff, v. UNITED STATES OF AMERICA, ROBERT A. HOOD, JAMES BURRELL, DAVID DUNCAN, C. CHESTER, and J.C. ZUERCHER, Defendants.

JOINT MOTION TO VACATE AND RE-SET TRIAL DATE Plaintiff Ahmad M. Ajaj, by and through counsel, and Defendants United States of America, Robert Hood, James Burrell, David Duncan, C. Chester, and J.C. Zuercher ("Defendants"), by and through their counsel, jointly move to vacate the five day trial date set to begin on July 11, 2006 and in support states as follows: 1. On January 28, 2005 the parties filed an Unopposed Motion to Stay

Discovery in this case pending the Court' determination of motions to dismiss filed by s Defendants. 2. On February 1, 2005, this Court granted the Defendants'Unopposed

Motion to Stay Discovery pending resolution of Defendants'Motions to Dismiss Second Amended Complaint. The Court further ordered that within ten days of the Order adjudicating Defendants'Motions to Dismiss, the parties shall resubmit a revised
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Scheduling Order to the Court. 3. On October 17, 2005, Plaintiff served opposing counsel with his Third

Amended Complaint in this lawsuit raising four constitutional claims against the United States of America and the Federal Officers. Due to an electronic filing error in the version of the Third Amended Complaint that was filed with the Court, Plaintiff moved to re-file the Third Amended Complaint with the Court on November 16, 2005, attaching the correct version of the Third Amended Complaint that had been previously served on Defendants on October 17, 2005. 4. On October 31, 2005, The United States of America and the Federal

Officers filed Motions to Dismiss the Third Amended Complaint pursuant to Fed. R. Civ. P. 12(b)(1) and 12(b)(6). 5. On December 5, 2005, Plaintiff filed his Responses to Defendants'

Motions to Dismiss. 6. Dismiss. 7. 8. This case is set for a five day trial to begin on July 11, 2006. The discovery stay has not yet been lifted in this case because there has On December 20, 2005, Defendants filed Replies to their Motions to

not been an Order adjudicating Defendants'Motions to Dismiss. Accordingly, the parties have not engaged in any formal discovery in this case. 9. Both parties have agreed that formal discovery, including written

discovery and the taking of depositions, will be necessary to prepare this case for trial. 10. The parties will not have sufficient time to engage in the necessary

discovery by the date this case is presently set for trial, July 11, 2006. 11. Accordingly, the Plaintiff and Defendants request the Court vacate the

trial date presently set for July 11, 2006 and respectfully request the Court allow Plaintiff to re-set the trial at a later date that allows for sufficient time for the parties to engage in
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discovery once the stay is lifted. 12. D.C.COLO.LCivR 7.1 Certification. Counsel for Ajaj spoke with counsel

for Defendants, Amanda Rocque. Ms. Rocque indicated she was unopposed to the relief requested in this Motion. WHEREFORE, Plaintiff Ahmed M. Ajaj and Defendants United States of America, Robert Hood, James Burrell, David Duncan, C. Chester, and J.C. Zuercher, respectfully request this Court grant their Joint Motion to Vacate and Re-Set Trial Date. Dated: May 10, 2006.

s/ Carmen N. Reilly______________ Carmen N. Reilly Montgomery Little & McGrew, P.C. 5445 DTC Parkway, Suite 800 Greenwood Village, CO 80111 Telephone: (303) 773-8100 Facsimile: (303) 220-0412 E-mail: [email protected] Attorney for Plaintiff Ahmed M. Ajaj

s/ Amanda Rocque______________ Michael E. Hegarty Amanda Rocque Assistant United States Attorney 1225 17th Street, Suite 700 Denver, CO 80202 (303) 454-0109 Attorney for Defendants

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CERTIFICATE OF SERVICE I hereby certify that on May 10, 2006, I electronically filed the foregoing with the Clerk of Court using the CM/ECF system which will send notification of such filing to the following e-mail addresses: United States Magistrate Judge Patricia A. Coan United States District Court 901 19th Street Denver, Colorado 80294 Michael Hegarty, Esq. Amanda Rocque, Esq. 1225 17th Street, Suite 700 Denver, Colorado 80202 I hereby certify that I have mailed or served the document or paper to the following non CM/ECF participants via U.S. Mail, postage prepaid, indicated by the nonparticipant' name, addressed to: s Ahmed M. Ajaj #40637-053 U.S. Penitentiary Max P.O. Box 8500 Florence, Colorado 81266-8500 s/ Deborah J. Harant_________________ Deborah J. Harant

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