Free Motion to Reset - District Court of Colorado - Colorado

Case 1:04-cv-00438-JLK-MEH

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO

Civil Case No. 04-cv-00438-PSF-OES TIMOTHY C. HOILES, Plaintiff and Counterclaim Defendant, v. JOSEPH M. ALIOTO Defendant and Counterclaim Plaintiff.

UNOPPOSED MOTION TO RESET STATUS AND SCHEDULING CONFERENCE

Defendant and Counterclaim Plaintiff, Joseph M. Alioto ("Mr. Alioto"), by and through his attorneys, Brownstein Hyatt & Farber, P.C., respectfully moves this Court for an order resetting the status and scheduling conference from October 19, 2006, to the afternoon of October 25, 2006. As grounds therefore, Defendant states as follows: 1. On September 27, 2006 this Court entered as mandate the United States

Court of Appeals Tenth Circuit opinion reversing the judgment of the District of Colorado and remanding the case back to the United States District Court for the District of Colorado for further proceedings. 2. Subsequently, and by way of order dated October 4, 2006, this Court set a

status and scheduling conference for October 19, 2006 at 2:30 p.m. The Court's order

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also directs counsel to prepare a joint list of issues to be addressed at the conference and to be filed no later than 5:00 p.m. on Monday, October 16, 2006. 3. Counsel for Mr. Alioto is concurrently filing an appearance in this case, but

due to the press of business with other matters, is not available on October 19, 2006 at 2:30 p.m. 5. Mr. Alioto's counsel called Judge Figa's docket clerk to obtain other

available dates. At the time of this filing, the afternoon of October 25, 2006 is open for the status and scheduling conference. 6. Pursuant to D.C.Colo.LR 7.1(A), Mr. Alioto's counsel has conferred with

Plaintiff and Counterclaim Defendant's counsel, who have no objection, and consent to this Court granting this motion to reset status and scheduling conference. Plaintiff and Counterclaim Defendant's counsel also agree to filing a joint list of issues by 5:00 p.m. Monday, October 23, 2006. 7. This is the first request to reset the status and scheduling conference filed

by Mr. Alioto. No party will be prejudiced by the granting of the motion. 8. Pursuant to D.C.Colo.LR 6.1(D), a copy of this motion has been served

on undersigned counsel's client, Joseph M. Alioto, and all parties of record. WHEREFORE, Mr. Alioto respectfully requests that the Court grant this motion to reset status and scheduling conference as outlined herein to October 25, 2006 and to require a submission of a joint list of issues by October 23, 2006.

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Respectfully submitted this 9th day of October, 2006.

By: s/ Timothy R. Beyer___________ Timothy R. Beyer Mark J. Mathews Richard P. Barkley BROWNSTEIN HYATT & FARBER, P.C. Twenty-Second Floor 410 Seventeenth Street Denver, Colorado 80202-4437 303.223.1100 303.223.1111 (fax) [email protected] [email protected] [email protected] Attorneys for Defendant and Counterclaim Plaintiff Joseph M. Alioto

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CERTIFICATE OF SERVICE I hereby certify that on October 9, 2006, I electronically transmitted the attached document to the Clerk of Court using the ECF System for filing and transmittal of a Notice of Electronic Filing to the following ECF registrants: E. Glen Johnson Bart A. Rue Frank Pierce Greenhaw IV KELLY HART & HALLMAN LLP 201 Main Street, Suite 2500 Fort Worth, Texas 76102 [email protected] [email protected] [email protected] Maxwell M. Blecher John Andrews Julie Holmberg BLECHER & COLLINS, P.C. 611 West Sixth Street, 20th Floor Los Angeles, California 90017-3120 [email protected] [email protected] [email protected] Scott Levin FISHER, SWEETBAUM & LEVIN 1331 17th Street, Suite 100 Denver, Colorado 80202 [email protected] William T. Hankinson Kenneth B. Siegel Katherine Varholak SHERMAN & HOWARD L.L.C. 633 17th Street, Suite 3000 Denver, Colorado 80202 [email protected] [email protected] [email protected] Ian L. Saffer Chad E. King TOWNSEND and TOWNSEND and CREW LLP 1200 17th Street, Suite 2700 Denver, Colorado 80202 [email protected] [email protected]

Bernard Gelhar James D. Boughey WILSON, ELSER, MOSKOWITZ, EDELMAN & DICKER- San Francisco 525 Market Street, 17th Floor San Francisco, California 94105-2725 [email protected] [email protected]

James M. Lyons ROTHGERBER, JOHNSON & LYONS, LLP- Denver 1200 17th Street, Suite 3000 Denver, Colorado 80202-5855 [email protected]

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and I hereby certify that I have mailed or served the document or to the following non CM/ECF participants via US Mail: Ralph W. Robinson Wilson, Elser, Moskowitz, Edelman & Dicker-San Francisco 525 Market Street 17th Floor San Francisco, CA 94105-2725

s/ Amy Oehmen
10127\1\1007848.1

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