Free Motion to Vacate - District Court of Colorado - Colorado

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

Document 228

Filed 02/08/2006

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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 VACATE SETTLEMENT CONFERENCE SCHEDULED FOR FEBRUARY 21, 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 Vacate Settlement Conference Scheduled for February 21, 2006, and state and aver 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.

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

Document 228

Filed 02/08/2006

Page 2 of 3

1.

Pursuant to the Court's Minute Order dated October 27, 2005, a settlement

conference is scheduled for February 21, 2006 at 8:30 a.m. The parties' confidential settlement statements are due on February 14, 2006. 2. On November 23, 2005, the Court ordered that the Amended Complaint be amended

to substitute Monique Martel, R.N. for defendant Ms. Jane Doe and further ordered service upon Ms. Martel. Defendant Martel is represented by separate counsel and filed a motion to dismiss on January 11, 2006, which is still pending before the Court. 3. On January 25, 2006, Defendants filed a motion to extend the dispositive motions

and discovery deadlines due to Plaintiff's refusal to provide notarized medical releases for Arapahoe County Detention Facility and Arkansas Valley Correction Facility, despite the Court's Order of December 6, 2005. The Court granted Defendants' motion on January 27, 2006 and amended the discovery and dispositive motions deadline to March 1, 2006. 4. Defendants respectfully request that the Court reschedule the settlement conference

currently scheduled for February 21, 2006. Defendants submit that, as discovery is not yet complete, and it has not yet been determined whether Defendant Martel will remain a Defendant in this case, a settlement conference at this stage would not be fruitful. Accordingly, Defendants respectfully request that the settlement conference scheduled for February 21, 2006 be vacated and reset for sometime in mid April. WHEREFORE, Defendants respectfully request that the scheduling conference scheduled for February 21, 2006 be vacated and reset as the Court's docket will allow for sometime in mid-April. -2-

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

Document 228

Filed 02/08/2006

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Respectfully submitted this 8th day of February, 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 8th day of February, 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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