Free Stipulation - District Court of Colorado - Colorado

Case 1:03-cv-02272-RPM

Document 68

Filed 05/10/2007

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 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 June 11, 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. 2. The parties have been diligently working together in an effort to settle and resolve

their claims and disputes and have been able to work together without the assistance of a mediator. Because there remain only one or two issues that the parties need to resolve in order to

Case 1:03-cv-02272-RPM

Document 68

Filed 05/10/2007

Page 2 of 3

finalize the settlement agreement which has been circulated and commented on by counsel, the parties request a further extension of the stay to and until June 11, 2007. 3. The parties propose that on or before June 11, 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 June 11, 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 10th day of May, 2007. BAKER & HOSTETLER LLP LAW OFFICES OF JOSEPH A. DAVIES PC By /s/ Joseph A. Davies 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]

By

/s/ Marc D. Flink 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

2

Case 1:03-cv-02272-RPM

Document 68

Filed 05/10/2007

Page 3 of 3

LATHROP & GAGE LC By /s/ Keith Ray 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

3