Free Response to Motion - District Court of Colorado - Colorado

Case 1:04-cv-00148-MSK-PAC

Document 118

Filed 11/15/2006

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action Number: BARBARA A. FREEMAN, Plaintiff, v. C/O DINET, Officer in Unit 6D Pod, and ASSOCIATE WARDEN NOBEL WALLACE, DWCF, Defendants. RESPONSE AND OBJECTION TO PLAINTIFF'S MOTION FOR PRELIMINARY INJUNCTION 04-cv-00148-MSK-PAC

DEFENDANTS DINET and WALLACE by and though their attorneys, CAIN & HAYTER, LLP, hereby respond to Plaintiff's Motion for Preliminary Injunction [filed in this matter on November 8, 2006 and entered as document number 115 on the Court's docket] as follows: 1. The parties reached a settlement in this case pursuant to the settlement conference conducted by Magistrate Judge Coan on August 15, 2006. 2. Plaintiff Barbara Freeman has executed a General Release and Settlement Agreement with respect to the settlement reached in this case on August 15, 2006; however, a Stipulation for Dismissal has not yet been filed, as the General Release and Settlement Agreement has not yet been fully executed by all parties for the

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Case 1:04-cv-00148-MSK-PAC

Document 118

Filed 11/15/2006

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State of Colorado. However undersigned counsel is in the process of obtaining all necessary signatures. 3. In the subject litigation, Plaintiff alleged deliberate indifference to her serious medical needs arising from the denial of medical supplies alleged against Defendants Dinet and Knight, and the denial of grievances alleged against Defendant Wallace. 4. Plaintiff's Motion for Preliminary Injunction appears to be unrelated to the subject litigation, in that Plaintiff is making claims which were not originally alleged in the subject litigation against Defendants who are not named in the subject litigation. 5. Although Plaintiff is represented by court-appointed counsel, Mr. Leonard H. MacPhee, in the subject litigation, Plaintiff's Motion for Preliminary Injunction was filed pro se. 6. For all the reasons set forth herein, Plaintiff's Motion for Preliminary Injunction should be stricken from the record in this case and Plaintiff should be instructed to commence a separate civil action for the claims alleged in Plaintiff's Motion. WHEREFORE Defendants request an Order striking Plaintiff's Motion for Preliminary Injunction from the record in this case and directing Plaintiff to commence a separate civil action for the claims alleged in Plaintiff's Motion. Respectfully submitted this 15th day of November, 2006. CAIN & HAYTER, LLP s/ Kristine K. Hayter Kristine K. Hayter, No. 30357 Page 2 of 3

Case 1:04-cv-00148-MSK-PAC

Document 118

Filed 11/15/2006

Page 3 of 3

128 South Tejon, Suite 100 Colorado Springs, Colorado 80903 Telephone: (719) 575-0010 Email: [email protected] CERTIFICATE OF SERVICE I hereby certify that on this 15th day of November, 2006, a true and correct copy of the foregoing RESPONSE AND OBJECTION TO PLAINTIFF'S MOTION FOR PRELIMINARY INJUNCTION was filed with the Court and served upon the following via ECF: Leonard H. MacPhee, Esquire 1899 Wynkoop, Suite 700 Denver, CO 80202 Attorney for Plaintiff Barbara Freeman Barbara Freeman, Prisoner No. 105776 DWCF P.O. Box 392005 Denver, CO 80239 Plaintiff s/ Kristi Holtzberg Kristi Holtzberg, Paralegal

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