Free Motion to Clarify - District Court of Colorado - Colorado

Case 1:03-cv-02319-WDM-MJW

Document 172

Filed 11/09/2005

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No.: 03-CV-02319-WDM-MJW OLOYEA D. WALLIN, Plaintiff, vs. CMI, KIM DEMPEWOLF, RYAN BRADLEY, MARY, SANDRA, AARON, JASON and CHARLES Defendants. ______________________________________________________________________________ DEFENDANTS' MOTION FOR CLARIFICATION ______________________________________________________________________________ COME NOW the Defendants, CMI, Kim Dempewolf, Marye Deming and Jason Coolidge, by and through counsel, and hereby submit the following Motion for Clarification, as follows: 1. During the October 24, 2005 Show Cause Hearing, the Court indicated that

Defendants Sandra Cannon-Grant and Charles Abbott had been served. Due to the inability of the undersigned to contact Defendants Cannon-Grant and Abbott, Defendants filed a Second Motion for Extension of Time to File Answers on Behalf of these Defendants on November 1, 2005. On November 2, 2005, Defendants filed a Motion to release the address information provided to the U.S. Marshall Service to effectuate service on these Defendants. On November 2, 2005, the Court granted Defendants' Second Motion for Enlargement of Time to File Answers on Behalf of these

Case 1:03-cv-02319-WDM-MJW

Document 172

Filed 11/09/2005

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Defendants and further ordered the U.S. Marshall Service to provide the undersigned the addresses where these two Defendants were served with process. 2. On November 7, 2005, the U.S. Marshall Service sent an e-mail to the undersigned

reflecting that attempts were made to serve Defendants Cannon-Grant and Abbott, but such attempts were unsuccessful. See Exhibit A, attached hereto. On November 8, 2005, U.S. Marshall Wallisch contacted the undersigned to confirm receipt of his e-mail. Mr. Wallisch indicated that these Defendants have not been served. 3. Defendants respectfully request that the Court clarify whether Defendants Cannon-

Grant and Abbott have been served, and if they have been served, that the undersigned be provided the addresses at which they were served. Respectfully submitted this 9th day of November, 2005. s/ Steven J. Wienczkowski Steven J. Wienczkowski PRYOR JOHNSON CARNEY KARR NIXON , P.C. 5619 DTC Parkway, Suite 1200 Greenwood Village, Colorado 80111 (303) 773-3500 E-Mail: [email protected] ATTORNEYS FOR CMI, KIM DEMPEWOLF, MARYE DEMING AND JASON COOLIDGE

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Case 1:03-cv-02319-WDM-MJW

Document 172

Filed 11/09/2005

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CERTIFICATE OF SERVICE I hereby certify that on the 9th day of November, 2005, a true and correct copy of the foregoing was placed in the U.S. Mail, postage prepaid thereon, addressed to: Oloyea D. Wallin Reg. #111389 Arkansas Valley Correctional Facility P.O. Box 1000 Crowley, Colorado 81034

s/Laura Buckingham Laura Buckingham, on behalf of Pryor Johnson Carney Karr Nixon, P.C.

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