Free Reply to Response to Motion - District Court of Colorado - Colorado

Case 1:04-cv-01253-MSK-MJW

Document 51

Filed 08/01/2005

Page 1 of 3

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 04-MK-1253 RICHARD TEBO and RENEE TEBO, Plaintiffs, v. LAURA M. BAKOS, and LEVTZOW LIMO LLC, doing business as MOUNTAIN LIMO DELUXE LLC, Defendants.

DEFENDANTS' REPLY IN SUPPORT OF MOTION FOR PARTIAL SUMMARY ADJUDICATION REGARDING PLAINTIFF RENEE TEBO'S CLAIMS

Defendants, Laura M. Bakos and Levtzow Limo LLC, by and through their counsel of record, Dewhirst & Dolven, LLC, pursuant to F.R.C.P. 56, hereby submit their Reply in support of their Motion for Partial Summary Adjudication (Case 1:40-cv-01253-MSK-MJW document 45 Filed 6/27/05) against Plaintiff Renee Tebo on her first, second, fourth and fifth claims for relief and in support thereof, state as follows: 1. In her Response (Case 1:40-cv-01253-MSK-MJW document 46 Filed 7/18/05),

Renee Tebo admits (Plaintiff Renee Tebo's Response, p. 2) that the medical costs related to her low back injury do not meet the threshold requirements of C.R.S. § 10-4-714. The claim related to her low back injury is the only claim presently at issue. 2. Pursuant to F.R.C.P. 56, summary judgment is appropriate when the undisputed

facts demonstrate that one party is entitled to judgment as a matter of law. Here, the undisputed

Case 1:04-cv-01253-MSK-MJW

Document 51

Filed 08/01/2005

Page 2 of 3

and admitted-to facts demonstrate that Renee Tebo cannot satisfy the threshold requirements of Colorado's no-fault act contained. Therefore, summary judgment is appropriate in favor of Defendants and against Renee Tebo on the first, second, fourth and fifth claims for relief. 3. Plaintiff Renee Tebo has separately moved for leave to amend her Complaint.

Defendants respond to that Motion by separate Response. Respectfully submitted this 1st day of August 2005. DEWHIRST & DOLVEN, LLC /s/ Patrick J. Maggio, Esq. Original signature on file at the office of Dewhirst & Dolven, LLC _______________________________ Miles M. Dewhirst, Esq. Patrick J. Maggio, Esq. 102 S. Tejon Street, Suite 500 Colorado Springs, CO 80903 Phone: (719) 520-1421; Fax (719) 520-1421 [email protected] [email protected]

CERTIFICATE OF SERVICE I hereby certify that on August 1, 2005, I electronically filed the foregoing with the Clerk of Court using the CM/ECF system which will send notification of such filing to the following email addresses: THE KERENSKY LAW FIRM Michael W. Kerensky, Esq. 5300 Memorial Drive, Suite 950 Houston, TX 77007 Phone: 713-522-8686; Fax : 713-522-6925 [email protected] ATTORNEYS FOR PLAINTIFFS (paper copy mailed to Kerensky Law firm by Dewhirst & Dolven)

2

Case 1:04-cv-01253-MSK-MJW

Document 51

Filed 08/01/2005

Page 3 of 3

BREIT BOSCH COPPOLA & MARLIN, P.C. William C. Marlin, Esq. Michael T. Leinz, Esq. 1512 Larimer St, Suite 900 Denver, Co 80202 Phone: (303) 573-7777; Fax : (303) 825-3950 [email protected] ATTORNEYS FOR PLAINTIFFS /s/ Jean A. Zapf ____________________________

3