Free Motion to Supplement - District Court of Colorado - Colorado

Case 1:04-cv-00188-WYD-CBS

Document 219

Filed 10/01/2007

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 04-cv-00188-WYD-CBS

ESTATE OF WILLIAM E. HARVEY; and WILLIAM B. HARVEY, A MINOR, BY AND THROUGH HIS MOTHER, CORAL CREEK, Plaintiffs, v. UNITED STATES OF AMERICA, Defendant. ________________________________________________________________________ PLAINTIFFS' UNOPPOSED MOTION TO FILE ADDITIONAL EXHIBIT IN OPPOSITION TO MOTION FOR PARTIAL SUMMARY JUDGMENT ________________________________________________________________________

PLAINTIFFS ESTATE OF WILLIAM E. HARVEY; AND WILLIAM B. HARVEY, A MINOR, BY AND THROUGH HIS MOTHER, CORAL CREEK; by and through their attorneys, the law firm of Olsen & Brown, LLC, respectfully move without opposition to file an additional exhibit in opposition to Defendant's Motion for Partial Summary Judgment, and as grounds therefor state as follows:

1. Defendant's attorney, Ms. Weishaupl, has kindly voiced her non-opposition to this motion. The undersigned has also communicated that he would not object to a supplemental submission by Ms. Weishaupl should she feel the need and seek the Court's permission therefor. 1

Case 1:04-cv-00188-WYD-CBS

Document 219

Filed 10/01/2007

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2.

The additional exhibit is an Order of the Boulder District Court approving the

actions of the Estate of William E. Harvey, by Personal Representative Joan Grace, in filing the wrongful death and medical malpractice claims in federal court. The Order is attached as Exhibit 1. 3. Said Order is nunc pro tunc May 8, 2006. Id. Thus, Personal Representative

Joan Grace had complete authority from the Boulder District Court to bring the claims in this case on behalf of the Estate. And said authority was as of the very outset of the instant case. 4. The attached document bears on the Court's determination of the pending

Motion for Partial Summary Judgment in that the defense argument is that the Estate proceeded without authority from the Boulder District Court.

WHEREFORE, Plaintiffs respectfully move without opposition to file an additional exhibit in opposition to Defendant's Motion for Partial Summary Judgment.

RESPECTFULLY SUBMITTED, OLSEN & BROWN, LLC By: s/ John R. Olsen John R. Olsen Attorneys for Plaintiffs 8362 Greenwood Drive Niwot, Colorado 80503 Telephone: (303) 652-1133

Date: October 1, 2007

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Case 1:04-cv-00188-WYD-CBS

Document 219

Filed 10/01/2007

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CERTIFICATE OF SERVICE The undersigned certifies that on October 1, 2007, a true and correct copy of the foregoing was electronically served upon defendant's counsel as follows: Elizabeth Weishaupl, Esq. Ass't U.S. Attorney U.S. Attorney's Office (Civil Division) 1225 17th St., Room 700 Denver, CO 80202

s/ John R. Olsen John R. Olsen

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