Free Motion for Leave - District Court of Colorado - Colorado

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

Document 342

Filed 12/08/2005

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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; DORAN J. UNSCHULD; JOHN DOE/JANE DOE (any person receiving value for transfer of Binks R&D assets), Defendants.

DEFENDANTS SAMES CORPORATION'S AND BINKS RESEARCH & DEVELOPMENT CORPORATION'S MOTION TO EXCUSE ATTENDANCE OF INSURANCE REPRESENTATIVES FROM DECEMBER 13, 2005 TRIAL PREPARATION CONFERENCE

Defendants, SAMES CORPORATION ("Sames") and BINKS RESEARCH & DEVELOPMENT CORPORATION ("Binks R&D"), by their attorneys, WILLIAM L. SENTER and ANGELA D. DEVINE of the law firm of SENTER GOLDFARB & RICE, L.L.C., hereby submit the following Motion to Excuse Attendance of Insurance Representatives from December 13, 2005 Trial Preparation Conference as Follows: 1. Certificate of Compliance with D.C.Colo.LCivR 7.1(A): Undersigned counsel

certify that they conferred with counsel for Plaintiffs and counsel for Illinois Tool Works regarding this Motion to Excuse Attendance of Insurance Representatives from December 13,

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2005 Trial Preparation Conference. Counsel for Plaintiffs is opposed to the motion. However, counsel for ITW is unopposed to the relief sought in this motion. 2. The parties are scheduled to attend a Final Trial Preparation Conference with the

Court beginning at 8 a.m. on December 13, 2005. Pursuant to Court Order dated January 30, 2004, lead counsel who will try the case and the party or a representative of a non-individual party who has settlement authority must attend the conference. However, Defendants Binks R&D and Sames respectfully request that this Court excuse their representatives from attendance at the conference. 3. Binks R&D filed Articles of Dissolution with the Colorado Secretary of State's On August 17, 2001, Sames filed a voluntary petition for

Office on February 22, 1999.

dissolution under Chapter 7 in the United States Bankruptcy Court for the Northern District of Illinois, Case No. 01 B 28983. Accordingly, neither Binks R&D nor Sames has any corporate representatives. 4. Rather, the representatives for Binks R&D and Sames in this litigation are four

out-of-state insurance adjusters and four out-of-state coverage counsel. As a result, obtaining the physical presence of all eight representatives is a difficult and costly task. 5. Moreover, the parties have reached an impasse in settlement negotiations. During

the November 7, 2005 Pretrial Conference with Magistrate Judge Craig Shaffer, the parties represented to the Court that a settlement in this case could not be reached. In fact, they declined Magistrate Judge Shaffer's offer to schedule a settlement conference prior to trial. Accordingly, the physical presence of the representatives would be futile.

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6.

As an alternative to physical attendance by the representatives, Binks R&D and

Sames propose that their representatives be available by telephone for purposes of any possible settlement negotiations. WHEREFORE, for the reason stated herein, Defendants Binks R&D and Sames respectfully request that this Court excuse their representatives from physically attending the December 13, 2005 Final Trial Preparation Conference and permit them to be available for same by telephone. Respectfully submitted, SENTER GOLDFARB & RICE, L.L.C.

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

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CERTIFICATE OF SERVICE I HEREBY CERTIFY that on the 8th day of December, 2005, a true and correct copy of the above and foregoing DEFENDANTS SAMES CORPORATION'S AND BINKS RESEARCH & DEVELOPMENT CORPORATION'S MOTION TO EXCUSE ATTENDANCE OF INSURANCE REPRESENTATIVES FROM DECEMBER 13, 2005 TRIAL PREPARATION CONFERENCE 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]

Charles G. Crosse, IV, Esq. Crosse Law Office, P.C. 1120 Lincoln Street, #1601 Denver, CO 80203 Via U.S. Mail __/s/Marie S. DeSanto______________ E-mail: [email protected] Secretary for Attorney William L. Senter

00205506

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