Free Statement - District Court of Colorado - Colorado

Case 1:02-cv-02220-PSF-PAC

Document 135

Filed 10/19/2006

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Case No. 02-cv-2220-PSF-PAC RAY LEVELLE, Plaintiff, v. PENSKE LOGISTICS, a subsidiary of PENSKE TRUCK LEASING, Defendant. JOINT LIST OF ISSUES AND PROPOSED BRIEFING TIMETABLE

The parties to this action, by and through their respective counsel, submit the following Joint List of Issues to be addressed at the October 24, 2006 Status Conference and Proposed Briefing Timetable. 1. The remaining issues are: (a) Defendant-Appellant's Request for A Partial Award

Of Costs, which was remanded in part by the United States Court of Appeals for the Tenth Circuit to this court; and (b) more detailed findings on the issue of attorneys' fees pursuant to the Opinion and Order of the Tenth Circuit in the appeal of this case. 2. The parties agree that no further briefing is necessary on the costs issue. The

parties suggest the filing of simultaneous briefs, not to exceed ten pages in length, on the issue of attorneys' fees, to be filed on or before November 3, 2006.

Case 1:02-cv-02220-PSF-PAC

Document 135

Filed 10/19/2006

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Dated this 19th day of October, 2006

Respectfully submitted,

s/ Patricia S. Bangert Patricia S. Bangert, Esq. Attorney at Law, LLC 3773 Cherry Creek Drive No., Suite 575 Denver, CO 80209 Telephone: 303.228.2175 ATTORNEY FOR PLAINTIFF RAY LEVELLE

s/ Franklin A. Nachman Franklin A. Nachman LITTLER MENDELSON A Professional Corporation 1200 17th Street, Suite 1000 Denver, CO 80202.5835 Telephone: 303.629.6200 ATTORNEYS FOR DEFENDANT PENSKE LOGISTICS, A SUBSIDIARY OF PENSKE TRUCK LEASING

Firmwide:81588095.1 025981.1020

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