Free Stipulation for Extension of Time - District Court of Colorado - Colorado

Case 1:03-cv-02272-RPM

Document 70

Filed 06/11/2007

Page 1 of 3

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Senior District Judge Richard P. Matsch Civil Action No. 03-cv-2272-RPM-BNB

KIM SYMES and CHRISTOPHER PAUL NORTHCOTT Plaintiffs, v. STEPHEN R. HARRIS, MAGDALEN J. HARRIS, and ROTALOC INT'L, LLC Defendants. STIPULATION FOR ADDITIONAL EXTENSION OF TEMPORARY STAY OF PROCEEDINGS FOLLOWING REMAND Plaintiffs and Defendants, by and through their respective attorneys, submit this stipulation to extend the temporary stay of proceedings following remand to and until July 31, 2007. Subject to the Court's approval and the making of this stipulation an Order of the Court, the parties stipulate and agree that this action should be stayed on the following terms: 1. The parties previously stipulated and agreed and this Court approved a temporary

stay of further proceedings in this civil action to and until May 10, 2007, in order to allow the parties to continue to attempt to negotiate a settlement of this matter and to mediate the dispute if necessary. On May 10, 2007, the Court approved a further stay to and including June 11, 2007. In that Order the Court directed that "if a settlement cannot be finalized prior to June 11, 2007, the parties will inform the Court whether the case likely will or will not be settled and by joint motion or stipulation request that the Court extend the stay in order to allow the settlement efforts to proceed ...".

Case 1:03-cv-02272-RPM

Document 70

Filed 06/11/2007

Page 2 of 3

2.

A detailed and comprehensive settlement agreement is currently in circulation

between the parties. The parties have reached agreement on the principle points of contention, and expect to reach agreement on the remaining points. However, due to travel and vacation schedules of the parties and counsel, additional time is needed to finalize the agreement and present the necessary documentation to the Court. 3. The parties propose that on or before July 31, 2007, the parties will provide the Court

with a further status report informing the Court of the status of settlement discussion and whether any additional time is required to finalize a settlement or to exhaust efforts at settlement. If, on or before July 31, 2007, the parties have been able to achieve a settlement of all claims, the parties will file an appropriate stipulation with this Court dismissing the claims and counterclaims. 4. The parties stipulate and agree that if a settlement is not reached during the time that

this case is stayed, the parties jointly will notify the Court and request a conference to schedule further proceedings in this case. 5. The parties stipulate and agree that this Stipulation will not preclude the parties from

jointly requesting an extension to the stay upon good cause shown and subject to the Court's approval.

SO STIPULATED this 11th day of June, 2007.

Add'lStay-Stip.wpd

-2-

Case 1:03-cv-02272-RPM

Document 70

Filed 06/11/2007

Page 3 of 3

BAKER & HOSTETLER LLP /s/ Marc D. Flink Original signature on file By Marc D. Flink Benjamin D. Pergament 303 E. 17th Avenue, Suite 1100 Denver, CO 80203 Tel.: (303) 861-0600 Fax: (303) 861-2307 E-mail: [email protected] [email protected] and

JOSEPH A. DAVIES, P.C. /s/ Joseph A. Davies Original signature on file By Joseph A. Davies 5290 DTC Parkway, Suite 150 Greenwood Village, CO 80111-2764 Tel.: (303) 221-4500 Fax: (303) 850-7115 E-mail: [email protected]

LATHROP & GAGE LC

By Keith Ray 370 17th Street, Suite 4650 Denver, CO 80202-5607 Tel: (720) 931-3200 Fax:(720) 931-3201 E-mail: [email protected] Attorneys for Plaintiffs

Add'lStay-Stip.wpd

-3-