Free Motion to Reset - District Court of Colorado - Colorado

Case 1:01-cv-02324-JLK-MEH

Document 86

Filed 07/21/2006

Page 1 of 3

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 01-cv-2324-JLK-MEH CHARLES T. GREEN, PHILLIP R. WENTLAND and MARILYN BREITHAUPT, Plaintiffs, v. SEARS, ROEBUCK & CO., a New York corporation, Defendant ________________________________________________________________________ JOINT MOTION TO RESET PRETRIAL CONFERENCE ________________________________________________________________________ Plaintiffs by their counsel Margaret Funk and Diane King of King & Greisen, LLP, and Defendant by its counsel Daniel Friesen of Hale Friesen LLP, hereby request that the Pretrial Conference set for August 22, 2006 be rescheduled to an available date in late September or early October. 1) In support of this request the parties state: By Court order dated July 18, 2006 the first pretrial conference in this case was

set for August 22, 2006. 2) Pursuant to the court's pretrial procedures, the pretrial conference setting

triggered immediate deadlines, including drafting and exchanging proposed jury instructions and verdict forms by August 1. The pretrial procedures also require the preparation of witness lists and trial exhibit lists by August 15. 3) Because the parties will obviously have difficulties meeting the quick deadlines to

draft and exchange jury instructions and verdict forms, and draft and file trial witness and exhibit lists, the parties respectfully request that the pretrial conference be reset approximately 30 days

Case 1:01-cv-02324-JLK-MEH

Document 86

Filed 07/21/2006

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from its current setting and that all corresponding deadlines that are triggered from the actual setting date be extended as well. 4) Further, because the parties are in settlement negotiations, this requested

postponement of the pretrial conference will give the parties an opportunity to explore settlement in good faith without contemporaneously expending enormous attorneys' fee to meet the present deadlines. WHEREFORE, the parties request that the pretrial conference be reset 30 days from the current date and all deadlines triggered by the current setting be extended to correspond with the new pretrial conference date. Dated this 21st day of July, 2006 s/Margaret Funk Margaret Funk Diane S. King KING & GREISEN, LLP 1670 York Street Denver, CO 80206 Telephone: (303) 298-9878 Fax: (303) 298-9879 E-mail: [email protected] Attorneys for Plaintiffs s/Daniel E. Friesen Daniel E. Friesen HALE FRIESEN, LLP 1430 Wynkoop Street, Suite 300 Denver, CO 80202 Telephone: (720) 904-6000 Fax: (720) 904-6006 Email: [email protected] Attorneys for Defendant

Case 1:01-cv-02324-JLK-MEH

Document 86

Filed 07/21/2006

Page 3 of 3

CERTIFICATE OF SERVICE I hereby certify that on the 21st day of July, 2006, I electronically filed the foregoing JOINT MOTION TO RESET PRETRIAL CONFERENCE with the Clerk of Court using the CM/ECF system, and I hereby certify that I have mailed the JOINT MOTION TO RESET PRETRIAL CONFERENCE, by U.S. Mail, postage prepaid, to the following non CM/ECF participants: Marilyn Breithaupt 13037 W. Dumbarton Drive Morrison, CO 80465 Phillip R. Wentland 3150 Salsbury Apt. B Wheat Ridge, CO 80033 Charles T. Green 2677 S. Pagosa Street Aurora, CO 80013 Stephen L. Sitley Assistant General Counsel Legal Department Sears, Roebuck and Co. 3333 Beverly Road, B6-339A Hoffman Estates, IL 60179 s/Patricia Foos Patricia Foos HALE FRIESEN, LLP 1430 Wynkoop Street, Suite 300 Denver, CO 80202 Telephone: (720) 904-6000 Fax: (720) 904-6006 E-mail: [email protected]