Free Motion to Continue - District Court of Colorado - Colorado

Case 1:03-cv-01411-PSF-MJW

Document 77

Filed 10/25/2005

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 03-CV-01411-PSF-MJW CYNTHIA A APA, Plaintiff, v. QWEST CORPORATION., Defendant. ______________________________________________________________________________ JOHN W. McKENDREE'S MOTION TO CONTINUE HEARING TO DETERMINE THE PROPRIETY OF LIEN OF FORMER COUNSEL ______________________________________________________________________________ COMES NOW, former counsel for Plaintiff, John W. McKendree, Esq., of the LAW OFFICES OF JOHN W. McKENDREE, LLC, and hereby respectfully moves this Court to continue the hearing on Former Counsel's Motion for Attorney's Lien. As grounds therefor, John W. Mckendree states as follows. 1. Pursuant to Local Rule 7.1, the undersigned hereby certifies that a member of his staff personally contacted opposing counsel's office who stated that he does not object to continuing the hearing on Former Counsel's Motion for Attorney's Lien; in addition Plaintiff, Cynthia Apa, was contacted and states that she does object to the requested continuance of the hearing on attorney's lien. 2. On or about October 24, 2005, John W. McKendree received an order of the Court setting a hearing on Attorney McKendree's Request for Attorney's Lien. 3. Hearing to Determine the Propriety of Lien of Former Counsel is currently set for

Case 1:03-cv-01411-PSF-MJW

Document 77

Filed 10/25/2005

Page 2 of 3

October 31, 2005. 4. Former Counsel, John W. McKendree has a conflict of schedule with the current hearing date of October 31, 2005. 5. Former Counsel for Plaintiff, is currently out of the State of Colorado and due to return on November 1, 2005, therefore John W. McKendree is unavailable at the time of the set hearing. 8. This motion is not interposed for any improper purpose or delay, and no party will be prejudiced by granting this motion to continue the hearing. WHEREFORE, for all of the foregoing reasons, Attorney John W. McKendree respectfully requests that the hearing on John W. McKendree's Motion for Attorney's Lien be VACATED and CONTINUED to a date compatable with the parties calendars, together with any further relief which this court deems appropriate. Respectfully submitted this 25th day of October 2004.

s/ John W. McKendree John W. McKendree, #1209 LAW OFFICES OF JOHN W. McKENDREE, LLC 1244 Grant Street Denver CO 80203 Telephone: (303) 861-8906 Fax: (303) 861-7773 E:mail: [email protected]

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Case 1:03-cv-01411-PSF-MJW

Document 77

Filed 10/25/2005

Page 3 of 3

CERTIFICATE OF SERVICE I hereby certify that on this 25th day of October, 2005, I electronically filed the foregoing JOHN W. McKENDREE'S MOTION TO CONTINUE HEARING TO DETERMINE THE PROPRIETY OF LIEN OF FORMER COUNSEL 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] J. Mark Baird 2036 East 17th Ave. Denver CO 80206 I further hereby certify that on this 25th day of October, 2005, I mailed the foregoing document to the following non CM/ECF participant by placing in the US Mail, first-class postage prepaid and addressed as follows: Cynthia Apa 7664 Reed Street Arvada CO 80003 /s/ Kelly L. Oberg ______________________________

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