Free Motion for Hearing/Conference - District Court of Colorado - Colorado

Case 1:02-cv-00664-EWN-MJW

Document 71

Filed 10/21/2005

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 02-cv-00664-EWN-MJW FABIAN MEDINA, et al., Plaintiffs, v. ELWYN F. SCHAEFER, Defendant.

MOTION REQUESTING STATUS CONFERENCE REGARDING DEFENDANT'S OBJECTIONS TO MAGISTRATE'S ORDERS DATED JANUARY 3, 2003 and APRIL 1, 2003

Defendant respectfully requests a status conference regarding his Objections to Magistrate's Orders dated January 3, 2003 and April 1, 2003, and in support states as follows: 1. On April 16, 2003, Defendant filed Objections to Magistrate's Orders dated January

3, 2003 and April 1, 2003. As of the date of this filing, the Court has not yet issued an Order concerning Defendant's Objections. 2. Plaintiffs' attorney, Vincent C. Todd, was disbarred and is now seeking

reinstatement to practice before the Supreme Court of Colorado. Defendant may be asked his opinion of Mr. Todd's ability to practice law by the Colorado Attorney Regulation Office. The outcome of the sanction awards against Mr. Todd in this case will greatly factor into Defendant's opinion of Mr. Todd's ability and ethical aptitude to practice law in Colorado. Thus, Defendant

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Case 1:02-cv-00664-EWN-MJW

Document 71

Filed 10/21/2005

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cannot fully and fairly assess Mr. Todd until the Court has ruled on Defendant's Objections to the Magistrate's Orders dated January 3, 2003 and April 1, 2003 and Mr. Todd has promptly paid the sanctions in full to Defendant. 3. Defendant is not filing this Motion for dilatory purposes. Defendant merely wishes

to fully resolve this case and be compensated for Mr. Todd's unreasonable and vexatious conduct. The Court previously described Mr. Todd's conduct as, at the very least, showing a "reckless disregard" towards the court and "the orderly process of justice." WHEREFORE, Defendant requests a status conference with the Court regarding his Objections to Magistrate's Orders dated January 3, 2003 and April 1, 2003, filed on April 16, 2003. DATED this 21st day of October, 2005. ELWYN F. SCHAEFER & ASSOCIATES, P.C.

_s/ Elwyn F. Schaefer _______________________ Elwyn F. Schaefer Andrea J. Kershner 600 17th Street, Suite 2005 South Denver, Colorado 80202 (303) 825-1961 Attorneys for Defendant

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Case 1:02-cv-00664-EWN-MJW

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Filed 10/21/2005

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CERTIFICATE OF SERVICE I hereby certify that on this 21st day of October, 2005, I electronically filed with the Clerk of the Court a true and correct copy of the foregoing MOTION REQUESTING STATUS CONFERENCE REGARDING DEFENDANT'S OBJECTIONS TO MAGISTRATE'S ORDERS DATED JANUARY 3, 2003 and APRIL 1, 2003 using the CM/ECF system and served via U.S. Mail, postage prepaid, to the following: Vincent C. Todd 143 Union Blvd., #900 Lakewood, Colorado 80228-1829 __s/ Lori Fraser ___________________

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