Free Motion to Withdraw Document - District Court of Colorado - Colorado

Case 1:04-cv-01150-LTB-BNB

Document 49

Filed 08/16/2005

Page 1 of 3

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT COURT OF COLORADO Civil Action No. 04-cv-01150-LTB-BNB
BARBARA WALDRON; RICHARD SARRO; and ELIZABETH BROOKHART, Plaintiffs

v.
JAMES DRURY, individually and in his official capacity as former Sheriff of the County of Alamosa; DAVID D. STONG, in his official capacity as the Sheriff of the County of Alamosa; CHARLES J. KALBACHER, individually, and in his capacity as former Deputy District Attorney for the 12th Judicial District; EUGENE L. FARISH, individually and in his official capacity as former District Attorney, 12th Judicial District, State of Colorado; DISTRICT ATTORNEY, 12th JUDICIAL DISTRICT, STATE OF COLORADO; ALAMOSA COUNTY SHERIFF'S DEPARTMENT, a political subdivision of the State of Colorado; ALAMOSA COUNTY, a body corporate and politic; and ALAMOSA COUNTY BOARD OF COMMISSIONERS, a political subdivision of the State of Colorado, Defendants __________________________________________________________________________________

MOTION TO WITHDRAW OBJECTION TO DEFENDANTS' MOTION FOR A CONTINUANCE
__________________________________________________________________________________

COME NOW the Plaintiffs, by and through their attorneys, and as a Motion to Withdraw Objection to Defendants' Motion for a Continuance would state the following: 1. Pursuant to D.C.Colo.LCivR 7.1, undersigned counsel has conferred with counsel for all Defendants concerning the relief requested in this Motion. Counsel for all Defendants indicated that they were in agreement with the relief requested in this Motion. 2. Pursuant to D.C.Colo.LCivR 6.1, the undersigned counsel certifies that a copy of this Motion has been served upon respective defense counsel. 3. Subsequent to the filing of their response objecting to the Defendants' respective motions for continuance, additional information was found by the Plaintiffs and submitted to undersigned counsel for review and appropriate disclosure. Such information, which consists of audio tapes of telephone conversations between Plaintiff Barbara Waldron and various individuals, additional transcriptions of such telephone conversations, other notes and memorandum and miscellaneous documents were received in undersigned counsel's office the

Case 1:04-cv-01150-LTB-BNB

Document 49

Filed 08/16/2005

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morning of August 15, 2005. Immediately thereafter undersigned counsel sent an e-mail to defense counsel notifying them of the reception of such information, which is subject to disclosure and/or may be responsive to previous discovery requests by defense. 4. The late submission of this information by Plaintiffs is excusable inasmuch as Plaintiff Waldron has been in the midst of a contentious divorce which involves a jointly owned business venture. Such records, data and compilation were inadvertently misplaced by Plaintiff Waldron despite her best efforts to maintain them. Ms. Waldron, despite the demands made upon her in the contentious divorce case, finally located such information and submitted it as soon it as possible, full well knowing that such late submission could constitute additional grounds for a request for continuance by Defendants. 5. Although Plaintiffs would not concede the grounds raised in Defendants' motions, they nonetheless believe that the granting of a continuance is proper at this time. Plaintiffs wish to withdraw their previous objection so that the function of granting a continuance may be obtained in light of the foregoing, and the fact that it would be unfair to require the defense to review this information including listening to all 12 cassette tapes in the short period allowed prior to trial. WHEREFORE, it is respectfully requested that this Court grant the Defendants' request for a continuance, noting the contents of the pleading herein, to set a new Scheduling Conference so that a modified Scheduling Order may be obtained, and for any other relief the Court deems proper.

By: /s Scott Armitage Scott Armitage, #24457 SCOTT ARMITAGE, P.C. Attorney for Plaintiff 8704 Yates Drive, Suite 210 Westminster, CO 80031 Telephone: 303.427.4664 FAX: 303.412.7644 E-mail: [email protected]

Case 1:04-cv-01150-LTB-BNB

Document 49

Filed 08/16/2005

Page 3 of 3

CERTIFICATE OF SERVICE I hereby certify that on this 16th day of August, 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 e-mail addresses, to the following: David R. Brougham, Esq. Hall & Evans, LLC 1125 Seventeenth Street, Suite 600 Denver, CO 80202 [email protected] Randall J. Paulsen, #10643 Paulsen & Wanebo, LLC 8704 Yates Drive, Suite 100 Westminster, CO 80031 [email protected] Josh A. Marks, Esq. Berg Hill Greenleaf & Ruscitti, LLP 1712 Pearl Street Boulder, CO 803020 [email protected]

By: /s Scott Armitage Scott Armitage, #24457 SCOTT ARMITAGE, P.C. Attorney for Plaintiff 8704 Yates Drive, Suite 210 Westminster, CO 80031 Telephone: 303.427.4664 FAX: 303.412.7644 E-mail: [email protected]