Free Motion for Miscellaneous Relief - District Court of Colorado - Colorado

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

Document 340

Filed 12/02/2005

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Case No. 03-cv-1291-MSK-CBS FRIEDA E. ENSSLE, BURKE E. ENSSLE and HEIDI ENSSLE WILSON Plaintiff(s), v. ILLINOIS TOOL WORKS, INC.; SAMES CORPORATION; BINKS RESEARCH & DEVELOPMENT CORPORATION; and JOHN DOE/JANE DOE (any person receiving value for transfer of Binks R&D assets). Defendant(s). _____________________________________________________________________________ PLAINTIFFS' UNOPPOSED MOTION TO EXCUSE PLAINTIFFS FRIEDA E. ENSSLE AND HEIDI ENSSLE WILSON FROM ATTENDANCE AT THE FINAL TRIAL PREPARATION CONFERENCE _____________________________________________________________________________ Plaintiffs Frieda E. Enssle, Burke E. Enssle and Heidi E. Wilson (the "Enssles"), through their undersigned counsel, submit the following motion to excuse Plaintiffs Frieda E. Enssle and Heidi Enssle Wilson from attendance at the Final Trial Preparation Conference. Certificate of Conferral. Pursuant to D.C.COLO.LCivR 7.1, the undersigned counsel for Plaintiffs conferred with Matthew C. Sostrin, counsel for Defendant Illinois Tool Works, Inc., (ITW) and Angela D. DeVine, counsel for Sames Corporation (Sames) and Binks Research and Development Corporation (Binks R&D). Neither Ms. DeVine nor Mr. Sostrin object to the motion. Certificate of Compliance. Pursuant to D.C.COLO.LCivR 6.1(D), a copy of this motion is being served on the moving attorneys' clients and all counsel of record as indicated by the Certificate of Service attached hereto.

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

Document 340

Filed 12/02/2005

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1. This matter is set for a Final Trial Preparation Conference on December 13, 2005, commencing at 8:00 AM. 2. "Lead counsel who will try the case and the party (or a representative of a nonindividual party who has settlement authority) shall attend" the Final Trial Preparation Conference. Trial Preparation order, page 2. 3. Plaintiff Heidi Enssle Wilson lives in the state of Hawaii. Travel to Colorado and return to Hawaii at this time of year is very expensive. 4. Heidi Enssle Wilson has already purchased her tickets for travel to Colorado for the trial in January 2006. 5. Having to purchase an additional ticket for a one-day appearance at the Final Trial Preparation Conference is an unnecessary financial burden. 6. Heidi Enssle Wilson requests that she be excused from physical attendance at the Final Trial Preparation conference. If necessary, Mrs. Wilson could attend the conference by telephone. 7. Frieda E. Enssle is 79 years old and lives in Boulder, Colorado. In December 2004, Mrs. Enssle gifted her interest in the real estate that is the subject of this litigation and her interest in this litigation to her children, Plaintiffs Burke E. Enssle and Heidi Enssle Wilson. 8. Frieda E. Enssle requests that she be excused from attendance at the Final Trial Preparation Conference. 9. Burke E. Enssle will be present at the Final Trial Preparation conference, as will Daniel J. Burkhardt.

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

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Filed 12/02/2005

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10. Mr. Burkhardt holds power of attorney for Frieda E. Enssle and for Heidi E. Wilson, with specific authority to act on their behalf with respect to this litigation. 11. Mr. Burkhardt has acted in that capacity for Frieda E. Enssle and Heidi Enssle Wilson since before the commencement of this litigation. WHEREFORE, Plaintiffs Frieda E. Enssle and Heidi Enssle Wilson respectfully request that they each be excused from attendance at the Final Trial Preparation Conference on December 13, 2005.

Respectfully submitted December 2, 2005. s/Peter Rogers Peter Rogers 885 Arapahoe Avenue Boulder, CO 80302 Telephone: 303-544-0997 Fax: 303-544-0998 [email protected] Attorney for Frieda E. Enssle, Burke E. Enssle, and Heidi E. Wilson

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

Document 340

Filed 12/02/2005

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CERTIFICATE OF SERVICE I hereby certify that on December 2, 2005, a true and correct copy of the foregoing PLAINTIFFS' UNOPPOSED MOTION TO EXCUSE PLAINTIFFS FRIEDA E. ENSSLE AND HEIDI ENSSLE WILSON FROM ATTENDANCE AT THE FINAL TRIAL PREPARATION CONFERENCE was filed with the Clerk of the Court using the CM/ECF system which will send notification of such filing to the following e-mail addresses: Susan E. Brice [email protected], [email protected] [email protected], [email protected] [email protected] [email protected], [email protected]

Angela Deborah DeVine Geraldine Elizabeth Flynn Asimakis Pascal Iatridis Robin R. Lunn

[email protected] [email protected], [email protected]

Kim Arquette Tomey

And I hereby certify that I have mailed or served the document or paper by United States mail, first class, postage prepaid, addressed as follows: Asimakis P. Iatridis Berg, Hill, Greenleaf & Ruscitti LLP 1712 Pearl Street Boulder, CO 80302 Attorneys for Plaintiffs Burke E. Enssle 444 Millionaire Drive Boulder, CO 80302

s/ Peter Rogers Peter Rogers Attorney for Plaintiffs

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