Free Motion to Strike - District Court of Colorado - Colorado

Case 1:02-cv-01004-JLK-BNB

Document 247

Filed 02/16/2007

Page 1 of 3

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 02-cv-01004-JLK-BNB VIRTUAL CLOUD SERVICES, INC., a Colorado corporation, Plaintiff, v. CH2M HILL, INC., a Florida corporation, and TIMOTHY INGRAM, Defendants.

UNOPPOSED MOTION TO STRIKE AND SEAL DOCKET NUMBER 246

Defendants CH2M Hill, Inc. and Timothy Ingram (collectively " Defendants" hereby ) move to strike the Notice filed on February 16, 2007, docket number 246. The document, which should only have been served upon opposing counsel at this juncture, was filed with the Court in error. When a procedural error, such as prematurely filing an offer of judgment with the court, is made " only corrective action which need be taken is to strike the early filing." Scherriff v. the Beck, 452 F. Supp. 1254, 1259 (D. Colo. 1978). Defendants also move to seal Docket Number 246 pending resolution of this motion. Pursuant to Local Rule 7.1, undersigned counsel certifies that counsel for Defendants have conferred with counsel for Plaintiff. Plaintiff does not oppose the relief requested herein. Respectfully submitted this 16th day of February, 2007.

Case 1:02-cv-01004-JLK-BNB

Document 247

Filed 02/16/2007

Page 2 of 3

s/ David W. Stark David W. Stark Heather Carson Perkins FAEGRE & BENSON LLP 3200 Wells Fargo Center 1700 Lincoln Street Denver, Colorado 80203 (303) 607-3500 Attorneys for Defendants CH2M Hill and Timothy Ingram

Case 1:02-cv-01004-JLK-BNB

Document 247

Filed 02/16/2007

Page 3 of 3

CERTIFICATE OF SERVICE I hereby certify that on the 16th day of February, 2007, a true and correct copy of the foregoing UNOPPOSED MOTION TO STRIKE AND SEAL DOCKET NUMBER 246 with the Clerk of the Court using the CM/ECF system which will send notification of such filing to the following e-mail addresses: Scott R. Bauer Moye White LLP

[email protected]

Sarah B. Wallace Esq. Petrie Schwartz LLP

[email protected]

I also hereby certify that on the 16th day of February, 2007, a true and correct copy of the foregoing UNOPPOSED MOTION TO STRIKE AND SEAL DOCKET NUMBER 246 was placed in the U.S. Mail, properly addressed, postage prepaid to the following: Peggi Spencer Corporate Counsel CH2M Hill P.O. Box 22508 Denver, CO 80222-0508 Tim Ingram 5173 Dover St. Arvada, CO 80002

s/ Heather Christman
fb.us.1837189.02