Free Response to Order to Show Cause - District Court of Colorado - Colorado

Case 1:04-cv-00860-WDM-PAC

Document 249

Filed 08/05/2005

Page 1 of 2

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 04-cv-00860-WDM-PAC ROBERT ALWARD Plaintiff, v. VAIL RESORTS, INC., a Colorado corporation; VAIL CORPORATION, INC. D/B/A/ VAIL ASSOCIATES INC., a Colorado corporation; VR HOLDINGS, INC., a Colorado corporation; and WILLIAM JENSEN, individually and in his official capacity as Senior Vice President and Chief Operating Officer of Vail Resorts, Inc. Defendants. ______________________________________________________________________________ RESPONSE TO ORDER TO SHOW CAUSE RE: SANCTIONS IMPOSED ON DECEMBER 15, 2004 ______________________________________________________________________________ Plaintiff's counsel hereby responds to the Order to Show Cause dated July 12, 2005 [Docket #228], as modified on July 15 [Docket # 223] and July 29 [Docket # 243], as follows: 1. As plaintiff's counsel described to the court on several occasions, plaintiff's

counsel made several good faith attempts to confer with defendants' counsel throughout discovery, especially and continuously between August 24, 2004 and December 15, 2004, to schedule depositions before seeking the court's intervention on December 15, 2004. In order to avoid repetitive pleadings on this issue, plaintiff's counsel incorporates by reference Plaintiff's Supplement to Scheduling Order [Docket # 42], Plaintiff's Response in Opposition to Defendants' Motion for Protective Order [Docket # 59], Plaintiff's Second Motion to Compel [Docket # 63], Plaintiff's Response to Defendants' Motion to Appoint Special Master [Docket #83], Plaintiff's Appeal of the December 16, 2005 order [Docket # 85], the transcript of the

Case 1:04-cv-00860-WDM-PAC

Document 249

Filed 08/05/2005

Page 2 of 2

December 15, 2004 hearing [Docket #121], her Response to the Order to Show Cause dated April 28, 2005 [Docket # 236], her Response to the Affidavit for Attorneys' Fees [Docket # 237], and all exhibits and pleadings incorporated therein. 2. In addition, plaintiff's counsel incorporates the proceedings at the hearings on this

matter on July 28 and August 8, 2005. Dated this 5th day of August 2005. McCLAIN DREXLER, LLC By: /s/ Nina H. Kazazian Nina H. Kazazian Of Counsel 1700 Lincoln Street Suite 3850 Denver, Colorado 80203-4538 Telephone: (303) 860-8400 Email: [email protected] ATTORNEYS FOR PLAINTIFF CERTIFICATE OF SERVICE I hereby certify that on this 6h day of August 2005, I electronically filed the foregoing RESPONSE TO ORDER TO SHOW CAUSE RE: SANCTIONS IMPOSED ON DECEMBER 15, 2004 with the Clerk of Court using the CM/ECF system, which will send notification of such filing to the defendants addressed to the following email address: Sherri Heckel Kuhlmann Christopher Ottele Holme Roberts & Owen LLP 1700 Lincoln Street, Suite 4100 Denver, CO 80203 [email protected] Alec Rothrock Burns, Figa & Will P.C. 6400 S. Fiddler's Green Circle, #1030 Englewood, CO 80111 [email protected] /s/ Nina H. Kazazian

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