Free Motion to Stay - District Court of Colorado - Colorado

Case 1:02-cv-00337-RPM

Document 161

Filed 07/13/2005

Page 1 of 3

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 02-M-0337 (Consolidated with Civil Action No. 03-M-2603) DANIEL UNIS; ROSA UNIS; DAVID UNIS; and MARCOS UNIS, Plaintiffs, v. PAT A. CROUCH, an agent of the Colorado Bureau of Investigation; DAVID SANDERS, an agent of the Drug Enforcement Administration; PAUL J. ROACH, an agent of the Drug Enforcement Administration; KENT L. FLORENCE; an agent of the Drug Enforcement Administration; WILLIAM ELDRIDGE, an agent of the Drug Enforcement Administration; ROBERT BERTON, an agent of the Drug Enforcement Administration; JASON HEFLIN, a Pueblo police officer; LEIDE DEFUSCO, a Pueblo police officer; JEFFREY CARPENTER, a Pueblo police officer; ANDREW MCLACHLAN, a Pueblo police officer; all of whom are sued in their individual capacities; and UNITED STATES OF AMERICA, Defendants.

STATUS REPORT AND UNCONTESTED REQUEST FOR STAY

COME NOW the Plaintiffs through undersigned counsel and comes now the United States of America through its undersigned counsel and provides this Status Report: All parties are presently involved in confidential mediated settlement negotiations before the Tenth Circuit Mediation Service, and anticipate successful resolution by September 1, 2005. The parties ask that the court stay all action while this effort is being undertaken. All counsel of record have agreed to this request.

Case 1:02-cv-00337-RPM

Document 161

Filed 07/13/2005

Page 2 of 3

Dated: July 13, 2005. Respectfully submitted, By: /s/ J. Gregory Whitehair J. Gregory Whitehair Jonathan M. Warner Monica K. Loseman Gibson, Dunn & Crutcher, LLP 1801 California Street Suite 4200 Denver, Colorado 80202-2641 (303) 298-5700 D. C. Box No. 18 Attorneys for Plaintiffs By: /s/ Paul D. Boeshart Michael G. Heavican United States Attorney Paul D. Boeshart Assistant U.S. Attorney District of Nebraska 487 Federal Building 100 Centennial Mall North Lincoln, NE 68508 (402) 437-5241 Attorneys for United States of America Original copy signed by J. Gregory Whitehair and Paul D. Boeshart is on file with Gibson, Dunn & Crutcher LLP

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Case 1:02-cv-00337-RPM

Document 161

Filed 07/13/2005

Page 3 of 3

CERTIFICATE OF SERVICE I hereby certify that on this July 13, 2005, a true and correct copy of the foregoing STATUS REPORT AND UNCONTESTED REQUEST FOR STAY was sent via U.S. Mail and electronically filed with the Clerk of Court using the CM/ECF system which will send notification of such filing to the following: David Brougham, Esq. Josh Marks, Esq. Hall & Evans, LLC 1125 17th Street, # 600 Denver, CO 80202 Daniel R. Christopher, Esq. Kennedy & Christopher 1050 17th Street, # 2500 Denver, CO 80625-1197 Richard Caschette, Esq. Starrs Mihm & Caschette LLP 1675 Broadway, Suite 1800 Denver, CO 80202 William Rogers, Esq. Wood, Ris & Hames, P.C. 1775 Sherman Street, Suite 1600 Denver, CO 80203

____________________________________ Lynette Apodaca Original copy signed by Lynette Apodaca is on file with Gibson, Dunn & Crutcher LLP

60125389_1.DOC

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