Free Response to Motion - District Court of Colorado - Colorado

Case 1:04-cv-00456-MSK-MEH

Document 118

Filed 12/23/2005

Page 1 of 2

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 04-CV-00456-MSK-OES JOHN C. DAW, O.D. and JOHN C. DAW, O.D., P.C., a Colorado professional corporation, Plaintiffs, vs. SHOPKO STORES, INC. Defendant. ______________________________________________________________________________ DEFENDANT'S RESPONSE TO MOTION TO DISMISS CLAIMS ______________________________________________________________________________ Defendant, through its attorneys Higgins, Hopkins, McLain & Roswell, LLC, submits this Response to Plaintiffs' Motion to Dismiss Claims: 1. On December 20, 2005, Plaintiffs submitted their Motion seeking dismissal of

their claims of intentional interference with business advantage and violation of C.R.S. § 6-1105, Deceptive Trade Practices. The reason given is that "Plaintiffs have made a business decision to no longer pursue the claims after discussion with and direction from the Court." 2. Defendant agrees these claims should be dismissed, as there is no evidence to

support them. Defendant's position is that Plaintiffs should be responsible for the payment of Defendant's attorney's fees and costs associated with the defense of these claims, and will consider whether to purse such relief pursuant to FED. R. CIV. P. 11 and C.R.S. § 13-17-201 at conclusion of the case.

Case 1:04-cv-00456-MSK-MEH

Document 118

Filed 12/23/2005

Page 2 of 2

Respectfully submitted this 23rd day of December, 2005.

s/ Torben M. Welch Stephen Hopkins Torben M. Welch of HIGGINS, HOPKINS, McLAIN & ROSWELL, LLC Attorneys for Defendant Shopko Stores, Inc. 300 Union Boulevard, Suite 101 Lakewood, CO 80228 (303) 987-9870

CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing DEFENDANT'S RESPONSE MOTION TO DISMISS was filed electronically with the Clerk of Court using the CM/ECF system which will send notification of such filing to the following email addresses, this 23rd day of December, 2005: Gerald L. Jorgensen, Esq. Theodore J. Finn, Esq. Jorgensen, Motycka & Lewis, P.C. 709 Third Avenue Longmont, CO 80501

s/Jaime Cuestas

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