Free Status Report - District Court of Colorado - Colorado

Case 1:04-cv-01377-WYD

Document 46

Filed 09/01/2005

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 04-CV-1377-WYD CHARLES KOEHLER, Plaintiff, v. DONETTA DAVIDSON, in her official capacity as Colorado Secretary of State, Defendant. ______________________________________________________________________________ STATUS REPORT AND PROPOSED BRIEFING SCHEDULE ______________________________________________________________________________ Plaintiff Charles Koehler, through his counsel Hackstaff Gessler, LLC, submits this status report and proposes a briefing schedule to resolve the pending Motion to Dismiss. In support, Koehler states as follows: D.C.Colo.R.Civ.P. 7.1 Certification: The undersigned has conferred with counsel for the Colorado Secretary of State, who agrees to the relief requested. 1. This court currently has before it the Secretary's pending Motion to Dismiss. The

history of this Motion is as follows: a. On July 26, 2004, the Secretary of State filed her Motion to Dismiss, based on abstention, mootness, and res judicata. b. Four days later, on July 28, 2004, Koehler filed a Status Report and Motion for Enlargement of Time. Koehler requested additional time in order to allow the parties to continue settlement discussions. The Secretary did not oppose this motion. c. On September 1, 2004, Koehler sought another unopposed enlargement of time, until September 15, 2004. Koehler requested the motion because counsel for both parties had been involved in another urgent court case involving the ballot certification of a presidential candidate.

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d.

On September 13, 2004, the Secretary filed a Motion to Stay Proceedings. The next day, on September 14, 2004, Koehler requested another enlargement of time, pending resolution of the Secretary's Motion to Stay Proceedings. One day later, on September 15, 2004, this Court granted Koehler's request and ordered that if the Court denied the Motion to Stay Proceedings, Koehler's response would be due seven days after the Court order.

e.

This court granted the Secretary's Motion to Stay Proceedings on September 30, 2004.

f.

Following the Secretary's unsuccessful effort to effect a change in Colorado law, this Court reopened the matter on July 28, 2005.

2.

Shortly after the Court reopened this matter, the parties again entered into

settlement discussions. Because of the nature of the issues involved, and the potential for recurring litigation, the parties have been unable to agree upon a settlement. 3. this Court. 4. Counsel have discussed a briefing schedule to resolve the pending Motion to Although the Motion to Dismiss is pending, no briefing schedule has been set by

Dismiss. Accordingly, Koehler proposes the following schedule, with which the Secretary agrees: a. b. 5. Response to Motion to Dismiss: Reply in Support of Motion to Dismiss: due September 11, 2005 due September 26, 2005

This briefing schedule will not prejudice any party, and it will allow both parties

adequate time to fully brief the issues before this Court. 6. Counsel are also engaged in discussions to efficiently resolve this matter in a

manner that minimizes Court time and costs. The parties will keep this Court informed of any progress during the pendency of the Motion to Dismiss.

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Respectfully submitted this 1st day of September, 2005. Hackstaff Gessler LLC, By:___ s/ Scott E. Gessler____________ Scott E. Gessler Registration No. 28944 Hackstaff Gessler LLC 1228 15th Street Suite 409 Denver, CO 80202 Telephone: (303) 534-4317 FAX: (303) 534-4309 E-mail: [email protected] Attorney for Plaintiff Charles Koehler

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CERTIFICATE OF SERVICE I hereby certify that on September 1, 2005, I electronically filed the foregoing with the Clerk of the Court using the CM/ECF system which will send notification of such filing to the following email address: [email protected]

s/ Scott E. Gessler Scott E. Gessler Attorney for Plaintiff Hackstaff Gessler LLC 1228 15th Street Suite 409 Denver, Colorado 80202 Telephone: (303) 534-4317 FAX: (303) 534-4309 E-mail: [email protected]

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