Free Motion for Leave to Appear - District Court of Colorado - Colorado

Case 1:03-cv-02274-MSK-PAC

Document 49

Filed 10/07/2005

Page 1 of 3

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO CIVIL ACTION NO. 03-cv-2274-MSK-PAC JOELY BITTNER, Plaintiff, v. BLACK HAWK BREWERY & CASINO, LLC, d/b/a MARDI GRAS CASINO and EDWARD STANO and DAVID R. ZORNES, individually, Defendants. ________________________________________________________________ DEFENDANTS' REQUEST TO HAVE ONE REPRESENTATIVE PARTICIPATE IN SETTLEMENT CONFERENCE BY TELEPHONE ________________________________________________________________ Defendants, Black Hawk Brewery & Casino, LLC, d/b/a Mardi Gras Casino and Edward Stano and David R. Zornes, by and through their attorneys, Kenneth R. Stettner of Stettner, Miller and Cohn, P.C., request the Court's permission to have their insurance adjuster or insurance company representative participate in the October 20, 2005 settlement conference by telephone. CERTIFICATE OF COMPLIANCE WITH LOCAL RULE 7.1A. By his signature below, undersigned counsel certifies that he has in good faith conferred with opposing counsel regarding this request. Plaintiff's counsel has no objection.

Case 1:03-cv-02274-MSK-PAC

Document 49

Filed 10/07/2005

Page 2 of 3

Defendants request that the insurance company representative be allowed to participate via telephone and be excused from the requirement of attending in person. Defendants

make this request because the representative is located in Los Angeles, California, and the time and travel costs to attend in person will be substantial. No prejudice will result to

plaintiff if the request is granted. Accordingly, Defendants respectfully request that their insurance adjuster or insurance company representative be allowed to participate in the October 20, 2005 settlement conference by telephone. DATED October 7, 2005.

Respectfully submitted, Stettner, Miller and Cohn, P.C.

s/ Kenneth R. Stettner Kenneth R. Stettner Stettner, Miller and Cohn, P.C. 1050 17th Street, Suite 700 Denver, Colorado 80265-2008 303-534-0273 E-mail: [email protected] Attorney for Defendants

Case 1:03-cv-02274-MSK-PAC

Document 49

Filed 10/07/2005

Page 3 of 3

CERTIFICATE OF SERVICE

I certify that on October 7, 2005, I electronically filed the foregoing Defendants' Request to Have One Representative Participate in Settlement Conference by Telephone with the Clerk of the Court using the CM/ECF system which will send notification of such filing to the following e-mail address: Charles W. Hemphill: [email protected]

s/ Kimberly Hanson Stettner, Miller and Cohn, P.C. 1050 17th Street, Suite 700 Denver, Colorado 80265-2008 303-534-0273 phone 303-534-5036 fax [email protected]

H:\BRUCE\BLKHAWK\BITTNER\PLDS\Participate Stlmt Conf by Phone.doc