Free Motion for Miscellaneous Relief - District Court of Colorado - Colorado

Case 1:04-cv-00077-WYD-PAC

Document 146

Filed 03/15/2006

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 04-cv-00077-WYD-PAC JENNIFER GIFFORD, Plaintiff, v. FARMERS INSURANCE EXCHANGE, TRUCK INSURANCE EXCHANGE, FIRE INSURANCE EXCHANGE, MID-CENTURY INSURANCE COMPANY, and FARMERS NEW WORLD LIFE INSURANCE COMPANY, d/b/a FARMERS INSURANCE GROUP OF COMPANIES, Defendants. ______________________________________________________________________________ MOTION FOR DEFENDANTS' REPRESENTATIVE TO PARTICIPATE IN HEARING BY TELEPHONE ______________________________________________________________________________ Pursuant to Local Rule 7.1, Defendants Farmers Insurance Exchange, Truck Insurance Exchange, Fire Insurance Exchange, Mid-Century Insurance Company, and Farmers New World Life Insurance Company (collectively, "Defendants") request that Rich Marquez be permitted to participate by telephone in the upcoming hearing on Plaintiff's Motion to Compel Closing of Settlement Agreement. As grounds for this motion, Defendants state as follows: 1. The parties currently are scheduled to attend a hearing on Plaintiff's Motion to

Compel on March 17, 2006 at 2:45 p.m. 2. Defendants' representative, Richard Marquez, resides in Los Angeles, California.

To save the time and expense of travel, Mr. Marquez would like to participate in the hearing by telephone.

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Case 1:04-cv-00077-WYD-PAC

Document 146

Filed 03/15/2006

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3. 4.

Defendants' counsel will be present in person for the hearing. No party will be prejudiced by granting the relief sought in this motion. Although

Plaintiff objects, her counsel has been permitted to attend a past hearing by telephone to accommodate his inability to appear in person. Principles of fairness dictate that Defendants should be afforded the same consideration. RULE 7.1A CERTIFICATION Pursuant to D.C.COLO.LCivR 7.1A, the undersigned certifies that, on March 14 and 15, 2006, he conferred Mark S. Bove, counsel for Plaintiff, by telephone concerning this motion. Mr. Bove indicated that Plaintiff will object to the relief sought herein. WHEREFORE, Defendants respectfully request they be permitted to have their company representative participate in the March 17 hearing by telephone. Dated: March 15, 2006. s/ Brett C. Painter Thomas P. Johnson Brett C. Painter Amanda Bass Upson
DAVIS GRAHAM & STUBBS LLP

1550 Seventeenth Street, Suite 500 Denver, Colorado 80202 Telephone: (303) 892-9400 Facsimile: (303) 893-1379 [email protected] [email protected] [email protected] Attorneys for Defendants

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Case 1:04-cv-00077-WYD-PAC

Document 146

Filed 03/15/2006

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CERTIFICATE OF SERVICE I, hereby certify that on the 15th day of March, 2006, I electronically filed the MOTION FOR DEFENDANTS' REPRESENTATIVE TO PARTICIPATE IN HEARING BY TELEPHONE with the Clerk of the Court using the CM/ECF system which will send notification of such filing to the following e-mail addresses: Ronald E. Gregson [email protected] Mark S. Bove [email protected]

s/ Brett C. Painter Brett C. Painter

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