Free Motion to Continue - District Court of Colorado - Colorado

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

Document 157

Filed 10/25/2005

Page 1 of 3

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 TO CONTINUE SETTLEMENT CONFERENCE SCHEDULED FOR NOVEMBER 3, 2005 ______________________________________________________________________________ COME NOW the Defendants, CMI, Kim Dempewolf, Marye Deming, and Jason Coolidge, by and through their attorneys, Pryor Johnson Carney Karr Nixon, P.C., and submit Defendants' Motion to Continue Settlement Conference Scheduled for November 3, 2005, and state and aver as follows: D.C. Colo. L. Civ. R. 7.1 CERTIFICATE OF CONFERRAL: The undersigned was unable to confer with Plaintiff regarding the relief requested herein due to Plaintiff's incarceration status and the necessity of timely filing this motion.

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

Document 157

Filed 10/25/2005

Page 2 of 3

1.

Pursuant to the initial Scheduling Order, a settlement conference is scheduled for

November 3, 2005 at 1:30 p.m. The parties' confidential settlement statements are due on October 27, 2005. 2. On October 24, 2005, the Court granted Plaintiff's Motion to Amend the Scheduling

Order and created new deadlines in this case. The Court's Order did not address whether the parties should proceed with the settlement conference currently scheduled for November 3, 2005. 3. Defendants submit that, due to the multiple continuances of the Show Cause Hearing,

and the potential that another Defendant may still be served in this case, a settlement conference at this stage would not likely prove fruitful. In addition, while Defendants have propounded written discovery and have received responses from Plaintiff, Defendants have not yet had an opportunity to take Plaintiff's deposition. Defendants submit that, at this stage in discovery, it would benefit both parties to continue the settlement conference until mid-December, 2005. Accordingly, Defendants respectfully request that the Court vacate the settlement conference scheduled for November 3, 2005 and reset the settlement conference for sometime in mid-December.

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

Document 157

Filed 10/25/2005

Page 3 of 3

Respectfully submitted this 25th day of October, 2005.

s/Steven J. Wienczkowski Scott S. Nixon Steven J. Wienczkowski PRYOR JOHNSON CARNEY KARR NIXON P.C. 5619 DTC Parkway, Suite 1200 Greenwood Village, Colorado 80111 (303) 773-3500 ATTORNEYS FOR CMI, KIM DEMPEWOLF, MARYE DEMING AND JASON COOLIDGE

CERTIFICATE OF SERVICE I hereby certify that on the 25th day of October, 2005, a true and correct copy of the foregoing was served via electronic filing, addressed to: Oloyea D. Wallin Reg. No. 111389 AVCF Arkansas Valley Correctional Facility P.O. Box 1000 Crowley, Colorado 81034 Jason Coolidge 1606 Iris Street, #62 Lakewood, Colorado 80215

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

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