Free Motion for Summary Judgment - District Court of Colorado - Colorado

Case 1:04-cv-01825-ZLW-BNB

Document 50

Filed 07/11/2005

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Senior Judge Zita L. Weinshienk Civil Action No. 04-cv-01825-ZLW-BNB

THE ESTATE OF CHANDA JOHNSON, Deceased, by DORRIS RICHARDSON, Plaintiff/Personal Representative, Plaintiff,

v. AVAYA COMMUNICATION INC., a Delaware Corporation, Defendant. ______________________________________________________________________________ DEFENDANT'S MOTION FOR SUMMARY JUDGMENT ______________________________________________________________________________ COMES NOW Defendant Avaya Inc. ("Defendant" or "Avaya"), through its attorneys and pursuant to Fed.R.Civ.P. 56 and D.C.COLO.LCivR 56.1, and respectfully submits the following Motion for Summary Judgment. As grounds for this Motion Defendant states that, as more fully described in its Brief in Support of Motion for Summary Judgment filed herewith and incorporated herein by reference, there are no material issues of fact and it is entitled to judgment as a matter of law. WHEREFORE, Defendant respectfully requests that the Court grant it summary judgment and enter an Order dismissing Plaintiff's claims in their entirety, with prejudice.

Case 1:04-cv-01825-ZLW-BNB

Document 50

Filed 07/11/2005

Page 2 of 2

Defendant also requests that it be awarded its reasonable attorney's fees, costs, and any other relief the Court deems appropriate.

Respectfully submitted this 11th day of July, 2005. /s Patrick J. Miller Patrick J. Miller SHERMAN & HOWARD, L.L.C. DC BOX 12 633 Seventeenth Street, Suite 3000 Denver, CO 80202 Tel: (303) 297-2900 Fax: (303) 298-0940 Attorneys for Defendant Avaya Inc.

CERTIFICATE OF SERVICE (CM/ECF) I hereby certify that on July 11, 2005 I electronically filed the foregoing MOTION FOR SUMMARY JUDGMENT with the Clerk of the Court using the CM/ECF system which will send notification of such filing to the following e-mail addresses: [email protected] Larry Carroll, Esq. Carroll & Associates, P.C. 1900 Grant Street, Suite #650 Denver, Colorado 80203

s/ Cheryl D. Witt

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