Free Motion to Vacate - District Court of Colorado - Colorado

Case 1:04-cv-01841-EWN-CBS

Document 82

Filed 03/07/2006

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO

Case No. 04-CV-1841-EWN-CBS SANDRA BAFIA, Plaintiff, vs. BOARD OF COUNTY COMMISSIONERS, WASHINGTON COUNTY, COLORADO, in their official and individual capacities; BOARD OF COUNTY COMMISSIONERS, BOULDER COUNTY, COLORADO, in their official and individual capacities; FORMER BOULDER COUNTY SHERIFF GEORGE EPP, in his official and individual capacity; Defendants.

UNOPPOSED MOTION TO VACATE AND RESET HEARING ON DEFENDANTS' MOTIONS FOR SUMMARY JUDGMENT

Defendant, Board of County Commissioners, Washington County, Colorado, by and through its attorneys, Jonathan A. Cross and Sean J. Lane of Cross & Liechty, P.C., hereby requests that the hearing on Defendants' Motions for Summary Judgment, currently set for March 17, 2006, be vacated and reset, and, as grounds therefor, Defendant states as follows: 1. Pursuant to D.C.COLO.LCivR 7.1, undersigned counsel conferred with counsel

for Plaintiff on or about March 2, 2006, regarding this motion and counsel for Plaintiff states that Plaintiff has no objection to the relief sought within this motion. Further, undersigned counsel conferred with counsel for the Boulder County Defendants on or about March 1, 2006. Counsel for the Boulder County Defendants states that his clients also have no objection to this motion, as

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counsel is also unavailable on March 17, 2006, although someone from his office could be available to attend the hearing set on that date in his stead. 2. On February 27, 2006, the Court issued a minute order setting a hearing on March

17, 2006, regarding Defendants' Motions for Summary Judgment in this matter. 3. Both counsel for the Washington County Defendants are unavailable on this date.

One counsel for the Washington County Defendants will be out of town on a pre-planned trip, the other will be out of the State of Colorado on a trip that had been planned prior to the setting of this hearing. 4. As neither counsel who have entered on behalf of the Washington County

Defendant will be available for the hearing set by the Court due to pre-planned vacations which were scheduled in advance of this Court's Order Setting Hearing of February 27, 2006, the Washington County Defendants must request that the hearing be vacated and re-set for either a date prior to March 16, 2006, or on or after March 20, 2006. WHEREFORE, Defendant respectfully requests that the hearing, currently set for March 17, 2006, be vacated and rescheduled. Respectfully submitted this 7th day of March, 2006.

s/ Sean J. Lane Jonathan A. Cross Sean J. Lane CROSS & LIECHTY, P.C. 400 So. Colorado Blvd., Suite 900 Denver, Colorado 80246 Tel: (303) 333-4122 Email: [email protected] ATTORNEYS FOR DEFENDANT BOARD OF COUNTY COMMISSIONERS, WASHINGTON COUNTY, COLORADO 2
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By:

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CERTIFICATE OF SERVICE I hereby certify that on this March 7, 2006, a true and correct copy of the above and foregoing UNOPPOSED MOTION TO VACATE AND RESET HEARING ON DEFENDANTS' MOTIONS FOR SUMMARY JUDGMENT was, unless otherwise indicated, filed with the Clerk of the Court using the CM/ECF system which will send notification of such filing to the following: David A. Lane, Esq. KILLMER, LANE & NEWMAN, LLP 1543 Champa Street, Suite 400 Denver, Colorado 80202 (Via Electronic Filing) Michelle L. Lazar, Esq. 600 Cherry St., Suite 305 Denver, Colorado 80246 (Via Electronic Filing) Andrew R. Macdonald, Esq. Assistant County Attorney P.O. Box 471 Boulder, Colorado 80306 (Via Electronic Filing) The Board of County Commissioners of Washington County, Colorado c/o Washington County Attorney, Peter Lawrence Vana, III 150 Ash Akron, Colorado 80720 (via U.S. Mail)

s/

Linda L. DeVico

3
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