Free Motion to Vacate - District Court of Colorado - Colorado

Case 1:03-cv-00281-WDM-MJW

Document 332

Filed 07/05/2006

Page 1 of 3

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 03-cv-281-WDM-MJW OLOYEA D. WALLIN, Plaintiff, v. MR. ALFARO, MR. BURK, MR. R. SATTERLY, MS. GANSEMER, MR. MILLER, Defendants. ______________________________________________________________________________ DEFENDANTS' MOTION TO VACATE AND RESET TRIAL PREPARATION CONFERENCE ______________________________________________________________________________ Defendants Alfaro, Burk, R. Satterly, Gansemer, and Miller, by and through their attorneys, Hall & Evans, L.L.C., hereby file their Motion to Vacate and Reset Trial Preparation Conference as follows: 1. On June 23, 2006, the Court set a trial preparation conference to be held July 7,

2006 at 9:00 a.m. A trial in the matter is set for July 24, 2006. 2. Since setting the trial preparation conference, undersigned counsel for Defendants

developed a conflict in her calendar. Undersigned counsel is a member of the Colorado General Assembly and Governor Owens recently issued a call for a special session to begin July 6, 2006. Though the length of time to complete the special session is not yet known, the special session will last a minimum of three days. In light of the special legislative session which will convene each day beginning July 6, 2006 at 9:00 a.m., Defendants respectfully request the Court vacate and reset the trial preparation conference.

Case 1:03-cv-00281-WDM-MJW

Document 332

Filed 07/05/2006

Page 2 of 3

3.

Defendants do not believe the resetting of the trial preparation conference will

jeopardize the trial date of July 24, 2006. The trial is set for 2 days and only involves one claim for relief. Therefore, the parties should be able to sufficiently prepare for trial if the trial preparation conference is rescheduled. 4. Pursuant to D.C.Colo. LR 7.1.A, undersigned counsel conferred with counsel for

the Plaintiff who has no objection to the relief requested herein. WHEREFORE, Defendants respectfully request that this Court grant Defendants' Motion to Vacate and Reset Trial Preparation Conference for the above stated reasons. Dated this _____ day of July 5, 2006.

s/ Jennifer L. Veiga___________________ Jennifer L. Veiga, #17093 HALL & EVANS, L.L.C. 1125 17th Street, Suite 600 Denver, Colorado 80202 (303) 628-3300 ATTORNEYS FOR DEFENDANTS

Case 1:03-cv-00281-WDM-MJW

Document 332

Filed 07/05/2006

Page 3 of 3

CERTIFICATE OF SERVICE I hereby certify that on this 5th day of July, 2006, I electronically filed the foregoing DEFENDANTS' MOTION TO VACATE AND RESET TRIAL PREPARATION CONFERENCE with the Clerk of the Court using the CM/ECF system, and I hereby certify that I have mailed or served the document to the following non-CM/ECF participant in the manner (mail, hand delivery, etc.) indicated by the non-participant's name: John Andrew McNamara, III John A. McNamara, P.C. 1733 High Street Denver, Colorado 80218

s/ Valerie Hahl, Secretary Jennifer L. Veiga Hall & Evans, L.L.C. 1125 Seventeenth Street, Suite 600 Denver, Colorado 80202 303-628-3300 303-628-3368 (fax) [email protected]