Free Motion to Supplement - District Court of Colorado - Colorado

Case 1:01-cv-02324-JLK-MEH

Document 76

Filed 07/26/2005

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 01-cv-2324-JLK-MJW CHARLES T. GREEN, PHILLIP R. WENTLAND and MARILYN BREITHAUPT, Plaintiffs, vs. SEARS, ROEBUCK & CO., a New York corporation, Defendant.

UNOPPOSED MOTION TO SUPPLEMENT PLAINTIFF'S BRIEF IN SUPPORT OF PLAINTIFFS' RESPONSE TO DEFENDANT'S MOTION FOR SUMMARY JUDGMENT

Plaintiffs, by their attorneys King & Greisen, LLP, submit the following Motion to Supplement Plaintiff's Brief in Support of Plaintiffs' Response to Defendant's Motion for Summary Judgment filed by Sears, Roebuck & Company ("Sears" or "Defendant"). As grounds therefore, plaintiffs state: 1. Due to technical problems with electronic filing on July 18, 2005, Plaintiff's filed their Brief in Support of Plaintiffs' Response to Defendant's Motion for Summary Judgment on July 19, 2005. 2. 3. Plaintiffs' Brief in Support had to be broken into three sections for the filing. It has come to plaintiffs' attention that the beginning portion of the brief which was filed (titled pages 1-42) did not contain pages 38-42 after the conversion and after reviewing our filings in light of this error, it is apparent that four pages of

Case 1:01-cv-02324-JLK-MEH

Document 76

Filed 07/26/2005

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Exhibit 5 were not converted to PDF and were also missing. 4. Plaintiffs' respectfully request to Supplement these inadvertant missing pages to their brief and Exhibit 5 and refile the initial portion containing pages 1-42 in order to include pages 38-42 and supplement Exhibit 5 with the four missing deposition pages. 5. Plaintiffs' counsel has conferred with Defendant's counsel, and he has no objection to the relief requested herein. WHEREFORE, Plaintiffs' respectfully request this Court allow them to supplement their brief and Exhibit 5 and accept the complete section 1, pages 1-42 which is attached to this motion and the four additional pages to Exhibit 5 also attached to this motion. Dated this 26th day of July 2005. s/Margaret Funk Margaret Funk Diane S. King KING & GREISEN, LLP 1670 York Street Denver, CO 80206 Telephone: 303/298-9878 Fax: 303/298-9879 E-mail: [email protected] Attorneys for Plaintiffs

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Case 1:01-cv-02324-JLK-MEH

Document 76

Filed 07/26/2005

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CERTIFICATE OF SERVICE I hereby certify that on the 26th day of July, 2005, I electronically filed the foregoing MOTION TO SUPPLEMENT BRIEF IN SUPPORT OF PLAINTIFFS' RESPONSE TO DEFENDANT'S MOTION FOR SUMMARY JUDGMENT with the Clerk of Court using the CM/ECF system which will send notification of such filing to the following e-mail addresses: [email protected]

s/Margaret Funk Margaret Funk Diane S. King KING & GREISEN, LLP 1670 York Street Denver, CO 80206 Telephone: 303/298-9878 Fax: 303/298-9879 E-mail: [email protected]

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Case 1:01-cv-02324-JLK-MEH

Document 76

Filed 07/26/2005

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