Free Motion for Hearing/Conference - District Court of Colorado - Colorado

Case 1:01-cv-01644-REB-CBS

Document 440

Filed 12/10/2007

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO

Civil Action No. 01-F-1644 (CBS) CARTEL ASSET MANAGEMENT, a Colorado corporation, Plaintiff, vs. OCWEN FINANCIAL CORPORATION, a Florida corporation, OCWEN FEDERAL BANK FSB, a subsidiary of OCWEN FINANCIAL CORPORATION; and OCWEN TECHNOLOGY XCHANGE, INC. a subsidiary of OCWEN FINANCIAL CORPORATION, Defendants.

MOTION FOR PROMPT STATUS CONFERENCE

COMES NOW Plaintiff, Cartel Asset Management ("Cartel"), through its undersigned counsel, G.W. MERRICK & ASSOCIATES, LLC, and respectfully requests a prompt Status Conference to provide additional directions to the parties respecting the new trial on damages ordered by the United States Court of Appeal for the Tenth Circuit. As grounds for this Motion for Forthwith Status Conference, Cartel advises the Court as follows: Pursuant to D.C.COLO.LCivR 7.1 the undersigned certifies that he has conferred with Lino Lipinsky de Orlov, attorney for Defendants, regarding the filing of this motion for forthwith status conference. Mr. Lipinsky de Orlov does not oppose the scheduling of a prompt status conference. 1. above matter. 2. On or about September 18, 2007, the United States Court of Appeals for the Tenth Circuit issued its Order and Judgment. The Tenth Circuit remanded the matter to this court for a new trial on damages. 3. On or about November 29, 2007, the mandate was issued by the United States Court of Appeals for the Tenth Circuit. 4. Accordingly, Cartel requests a prompt status conference to address the procedures relating to the new trial on damages and the setting of that trial. On or about November 4, 2004, the Final Judgment was entered in the

Case 1:01-cv-01644-REB-CBS

Document 440

Filed 12/10/2007

Page 2 of 2

WHEREFORE, Cartel requests this Court to set a prompt Status Conference respecting the forthcoming new trial on damages. Dated: December 10, 2007 Respectfully submitted,

By: /s/ Glenn W. Merrick Glenn W. Merrick, No. 10042 G.W. MERRICK & ASSOCIATES, LLC Suite 912, 5445 DTC Parkway Greenwood Village, Colorado 80111 Telephone: (303) 831-9400 Facsimile: (303) 771-5803 E-Mail: [email protected] ATTORNEYS FOR PLAINTIFF

CERTIFICATE OF SERVICE I hereby certify that on December 10, 2007, I electronically filed the foregoing Motion for Prompt Status Conference with the Clerk of Court using the CM/EMF system which will send notification of such filing to the following e-mail addresses: Lino S. Lipinsky de Orlov, Esq. McKENNA LONG & ALDERIDGE LLP [email protected]

s/ Dyanna Spicher

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