Free Stipulation - District Court of Colorado - Colorado

Case 1:03-cv-02272-RPM

Document 66

Filed 02/14/2007

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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 TEMPORARY STAY OF PROCEEDINGS FOLLOWING REMAND Plaintiffs and Defendants, by and through their respective attorneys, pursuant to the Court's instructions at the February 9, 2007 conference, submit this stipulation for temporary stay of proceedings following remand. 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 stipulate and agree that further proceedings in this civil action should

be stayed for ninety-days to and until May 10, 2007, in order to allow the parties to continue to attempt to negotiate a settlement of this matter. 2. The parties stipulate and agree that if they are unable to reach agreement on the

terms of settlement on or before April 10, 2007, the parties, through counsel, will work together to schedule a mediation of this dispute with a mediator acceptable to all parties and agree that the costs of retaining the mediator will be shared equally by plaintiffs and defendants.

Case 1:03-cv-02272-RPM

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Filed 02/14/2007

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3.

The parties stipulate and agree that they will make all reasonable efforts necessary

to schedule the mediation prior to May 10, 2007. 4. The parties stipulate and agree that if a mediation cannot be scheduled prior to

May 10, 2007, the parties will inform the Court of the identity of the mediator and date for mediation and by joint motion request that the Court extend the stay in order to allow the mediation to proceed and, if a settlement is reached, to allow the parties a reasonable time to finalize and execute settlement papers. 5. 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. 6. 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 14th day of February, 2007. BAKER & HOSTETLER LLP LAW OFFICES OF JOSEPH A. DAVIES PC s/b 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]

s/b 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

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Case 1:03-cv-02272-RPM

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Filed 02/14/2007

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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

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