Free Status Report - District Court of Colorado - Colorado

Case 1:03-cv-01291-MSK-CBS

Document 365

Filed 02/03/2006

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 03-cv-1291-MSK-CBS FRIEDA E. ENSSLE; BURKE E. ENSSLE; and HEIDI ENSSLE WILSON; Plaintiffs, v. ILLINOIS TOOL WORKS, INC.; SAMES CORPORATION; BINKS RESEARCH & DEVELOPMENT CORPORATION; JOHN DOE/JANE DOE (any person receiving value for transfer of Binks R&D assets), Defendants. JOINT STATUS REPORT

The parties, Plaintiffs FRIEDA E. ENSSLE, BURKE E. ENSSLE and HEIDI ENSSLE WILSON, by their attorney, PETER ROGERS, Defendant ILLINOIS TOOL WORKS, INC. (hereinafter "ITW"), by its attorney ROBIN LUNN of the law firm of MAYER, BROWN, ROWE & MAW, L.L.P., and Defendants SAMES CORPORATION (hereinafter "Sames") and BINKS RESEARCH AND DEVELOPMENT CORPORATION (hereinafter "Binks R&D"), by their attorney, WILLIAM L. SENTER of the law firm of SENTER GOLDFARB & RICE, L.L.C., hereby file their Joint Status Report as follows: 1. On January 6, 2006, the Court dismissed Plaintiffs' claims with prejudice. However,

in order to permit the parties to finalize their settlement, the Court stayed entry of the Order dismissing Plaintiffs' claims with prejudice for thirty (30) days, or until February 6, 2006. [See Minute Entry, Dkt. # 363].

Case 1:03-cv-01291-MSK-CBS

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2.

To date, the parties have drafted a Mutual Full and Final Release and Settlement

Agreement. The Plaintiffs and corporate representatives for the Defendants will execute the Mutual Full and Final Release and Settlement Agreement as soon as possible. 3. The Mutual Full and Final Release and Settlement Agreement must also be executed

by Norman Newman, the Bankruptcy Trustee handling Sames' Chapter 7 dissolution in United States Bankruptcy Court for the Northern District of Illinois, Eastern Division, Case No. 01 B 28983. However, before Mr. Newman may execute the Mutual Full and Final Release and Settlement Agreement, he must obtain approval from the Bankruptcy Court pursuant to Fed.R.B.P. 9019. 4. To that end, Mr. Newman will file a motion to compromise controversy with the

Bankruptcy Court shortly. Fed.R.B.P. 9019(a) requires notice and a hearing before Bankruptcy Court approval may be obtained, and Fed.R.B.P. 2002(a)(3) requires twenty (20) days notice for the hearing on approval of a compromise or settlement of a controversy. Accordingly, the Mutual Full and Final Release and Settlement Agreement will not be fully executed on or before February 6, 2006 and, as a result, the settlement will similarly not be finalized by that date. 5. The parties therefore respectfully request that this Court delay entry of the Order

dismissing Plaintiffs' claims with prejudice for an additional thirty (30) days, or until March 6, 2006. WHEREFORE, for the reasons stated herein, the parties respectfully request that this Court stay entry of the Order dismissing Plaintiffs' claims with prejudice until March 6, 2006.

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Respectfully submitted,

By s/Peter Rogers Peter Rogers 885 Arapahoe Avenue Boulder, CO 80302 Tel: (720) Fax: (303) 544-0998 Attorney for Plaintiffs MAYER, BROWN, ROWE & MAW, L.L.P.

By s/Robin Lunn Robin Lunn 71 South Wacker Drive Chicago, Illinois 60606 Tel: (312) 701-8138 Fax: (312) 706-9119 Attorneys for Defendant Illinois Tool Works, Inc. SENTER GOLDFARB & RICE, L.L.C.

By s/William L. Senter William L. Senter Angela D. DeVine 1700 Broadway, Suite 1700 Denver, Colorado 80290 Tel: (303) 320-0509 Fax: (303) 320-0210 Attorneys for Defendants Sames Corporation and Binks Research & Development Corporation

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CERTIFICATE OF SERVICE I HEREBY CERTIFY that on the 3rd day of February, 2006, a true and correct copy of the above and foregoing JOINT STATUS REPORT was filed with the Clerk of Court using the CM/ECF system which will send notification of such filing to the following email addresses:

[email protected] [email protected] [email protected] [email protected] [email protected] and I hereby certify that I have served the following via U.S. mail, postage prepaid, addressed to: Charles G. Crosse, IV, Esq. Crosse Law Office, P.C. 1120 Lincoln Street, #1601 Denver, CO 80203

s/ Julie A. Kurth E-mail: [email protected] Secretary for Attorney William L. Senter

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