Free Motion to Vacate - District Court of Colorado - Colorado

Case 1:04-cv-00456-MSK-MEH

Document 114

Filed 11/29/2005

Page 1 of 2

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 04-CV-00456-MSK-OES JOHN C. DAW, O.D. JOHN C. DAW, O.D., P.C., a Colorado professional corporation, Plaintiffs, v. SHOPKO STORES, INC., a Delaware corporation, Defendant. ______________________________________________________________________________ UNOPPOSED MOTION TO VACATE AND RESET 702 HEARING ______________________________________________________________________________ Plaintiffs John C. Daw, O.D. & John C. Daw, O.D., P.C. by and through counsel, Gerald L. Jorgensen and Theodore J. Finn of JORGENSEN, MOTYCKA & LEWIS, P.C., respectfully file and serve this Unopposed Motion to Vacate and Reset 702 Hearing, as follows: 1. Plaintiffs have conferred with Defendant pursuant to D.C.Colo.L.Civ.R. 7.1(A) and is authorized to state that the relief requested herein is unopposed. 2. The 702 hearing regarding Dr. Gerber's testimony is currently set for December 6, 2005. 3. Trial in this matter was recently vacated from its December 12, 2005 setting and reset for October 10, 2006. 4. 5. Defendant intends to re-file its Motion for Summary Judgment. The parties have agreed to amend issues, including possible removal of claims, pursuant to the Court's direction in the November 17th final pretrial conference.

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Case 1:04-cv-00456-MSK-MEH

Document 114

Filed 11/29/2005

Page 2 of 2

6.

Such changes may alter Dr. Gerber's opinions and consequently, the issues to be addressed in the 702 hearing.

7.

No party will be prejudiced by the relief requested herein.

WHEREFORE, Plaintiffs request the Court vacate the 702 hearing and reset the hearing for a date after the resolution of Defendant's renewed Motion for Summary Judgment, and for any other and such further relief as the Court deems just and proper. Respectfully submitted November 29, 2005. __/s/ Gerald L. Jorgensen_________________ Gerald L. Jorgensen Theodore J. Finn Mark E. Bowman JORGENSEN, MOTYCKA & LEWIS, P.C. 709 Third Avenue Longmont, Colorado 80501 (303) 678-0560 (303) 678-1164 facsimile Attorneys for Plaintiffs CERTIFICATE OF SERVICE I hereby certify that on November 29, 2005, I served a true and correct copy of the foregoing in the United States Mail, postage prepaid, sent via courier service, by e-mail or ECF to the following: Stephen Hopkins, Esq. Torben Welch, Esq. HIGGENS, HOPKINS, McLAIN & ROSWELL, LLC. 300 Union Boulevard, Suite 101 Lakewood, CO 80228 __/s/ Gerald L. Jorgensen_____________

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