Free Motion to Continue - District Court of Colorado - Colorado

Case 1:03-cv-02319-WDM-MJW

Document 258

Filed 04/18/2006

Page 1 of 3

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No.: 03-CV-02319-WDM-MJW OLOYEA D. WALLIN, Plaintiff, vs. CMI, KIM DEMPEWOLF, RYAN BRADLEY, MARY, SANDRA, AARON, JASON and CHARLES Defendants. ______________________________________________________________________________ DEFENDANTS' MOTION TO CONTINUE FINAL PRETRIAL CONFERENCE SCHEDULED FOR MAY 1, 2006 ______________________________________________________________________________ COME NOW the Defendants, CMI, Kim Dempewolf, Marye Deming, and Jason Coolidge, by and through their attorneys, Pryor Johnson Carney Karr Nixon, P.C., and submit Defendants' Motion to Continue Final Pretrial Conference Scheduled for May 1, 2006, and in support thereof, state as follows: D.C. Colo. L. Civ. R. 7.1 CERTIFICATE OF CONFERRAL: The undersigned was unable to confer with Plaintiff regarding the relief requested herein due to Plaintiff's incarceration status and the necessity of timely filing this motion. The undersigned did confer with counsel for Defendant Monique Martel, Billy-George Hertzke, who does not oppose this motion.

Case 1:03-cv-02319-WDM-MJW

Document 258

Filed 04/18/2006

Page 2 of 3

1.

Pursuant to the Scheduling Order, the Final Pretrial is scheduled for May 1, 2006 at

8:30 a.m. The parties' Final Pretrial Order is currently due on April 25, 2006. 2. Pursuant to the Court's Minute Order of February 9, 2006, the Settlement Conference

which had been scheduled for February 21, 2006, was rescheduled for May 8, 2006 at 1:30 p.m. 3. Defendants filed their Motion for Summary Judgment on March 1, 2006. The Court

denied Plaintiff an extension of time to respond to the Motion for Summary Judgment on March 23, 2006. Plaintiff filed an Objection to the Court's Order on March 31, 2006, to which Defendants filed a response on April 12, 2006. To date, Plaintiff has not filed any response to Defendants' motion. 4. Since the Scheduling Order was approved by the Court, Defendant Monique Martel

has been added as a Defendant in this matter. Defendant Martel filed her Answer to Plaintiff's Complaint on March 22, 2006. 5. Defendants submit that it would be in the interest of all parties to postpone the

Final Pretrial Conference until after the Court has ruled on Defendants' Motion for Summary Judgment and after the Settlement Conference is complete. Defendants further submit that with the recent addition of Monique Martel as a Defendant in this matter, it may be necessary to amend the Scheduling Order as to deadlines relating to Defendant Martel. Should the Court amend the Scheduling Order to accommodate Defendant Martel, however, Defendants note that they would object to any re-opening of discovery or extending any deadlines with respect to these Defendants. WHEREFORE, Defendants respectfully request that the Court vacate the Final Pretrial Conference currently scheduled for May 1, 2006. -2-

Case 1:03-cv-02319-WDM-MJW

Document 258

Filed 04/18/2006

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Respectfully submitted this 18th day of April, 2006.

s/Steven J. Wienczkowski Scott S. Nixon Steven J. Wienczkowski PRYOR JOHNSON CARNEY KARR NIXON P.C. 5619 DTC Parkway, Suite 1200 Greenwood Village, Colorado 80111 (303) 773-3500 ATTORNEYS FOR CMI, KIM DEMPEWOLF, MARYE DEMING AND JASON COOLIDGE

CERTIFICATE OF SERVICE I hereby certify that on the 18th day of April, 2006, a true and correct copy of the foregoing was served via electronic filing, addressed to: Oloyea D. Wallin Reg. No. 111389 AVCF Arkansas Valley Correctional Facility P.O. Box 1000 Crowley, Colorado 81034 Billy-George Hertzke, Esq. Senter, Goldfarb & Rice, LLC 1700 Broadway, Suite 1700 Denver, Colorado 80290

s/Laura Buckingham Laura Buckingham on behalf of Pryor Johnson Carney Karr Nixon, P.C.

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