Carlson v. Gold Mine Tours Inc Document 82: Motion to Withdraw
Filed December 16, 2005
Back to Carlson v. Gold Mine Tours Inc ,
Colorado District Court
Case No. 1:03-cv-01360
MOTION to Withdraw As Counsel of Record by Defendant Gold Mine Tours, Inc.. (Tallerico, Catherine)
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1 (7/25/2003): Complaint - COMPLAINT (Summons(es) issued); jury demand (bpm)
2 (8/6/2003): Order Referring Case to Magistrate Judge - ORDER R16 stat stlmt pt pto Case referred to Magistrate Judge Boyd N. Boland signed 7/28/03 by Chief Judge Lewis T. Babcock (cc 8/6/03: to coun...
3 (8/8/2003): Rule 16 Conference - ORDER FOR RULE 16 CONFERENCE by Magistrate Judge Boyd N. Boland ; Rule 16 conference set for 1:00 9/22/03 (cc: all counsel) (former empl)
4 (9/16/2003): Order - MINUTE ORDER : by Magistrate Judge Boyd N. Boland regarding [3-1] order, at pltf's request ; rule 16 conference set 9/22/03 is vacated and reset at 9:00 10/6/03 (cc: all counsel...
5 (9/17/2003): Summons Returned Executed - RETURN OF SERVICE of Summons and Complaint upon Dennis Durand Lanning on 9/9/03 by leaving with: Christine Lanning, Wife (former empl)
6 (9/29/2003): Motion for Extension of Time to File Answer - MOTION by defendant Gold Mine Tours Inc to extend time to respond to the complaint to: 10/20/03 (former empl)
7 (10/1/2003): Order - MINUTE ORDER : by Judge WY. Clarence A. Brimmer granting motion to extend time to respond to the complaint to: 10/20/03 [6-1] ; disp mtn ddl set 1/30/04 ; jury trial set for 8:3...
8 (10/2/2003): Order - MINUTE ORDER : by Magistrate Judge Boyd N. Boland granting motion to extend time to respond to the complaint to: 10/20/03 [6-1] (cc: all counsel) ; entry date : 10/6/03 (former ...
9 (10/2/2003): Rule 16 Conference - MINUTE ORDER (FOR RULE 16 CONFERENCE) by Magistrate Judge Boyd N. Boland ; at request of counsel Rule 16 conference set 10/6/03 is vacated and reset for 10:00 11/14...
10 (10/20/2003): Answer - ANSWER by defendant Gold Mine Tours Inc to complaint [1-1]; jury demand (former empl)
11 (11/4/2003): Motion to Continue - Unopposed MOTION by defendant Gold Mine Tours Inc to continue trial (set 4/5/04) to May or June of 2004 (former empl)
12 (11/14/2003): Minutes-Miscellaneous - COURTROOM MINUTES by Magistrate Judge Boyd N. Boland ; rule 16 conf held on 11/14/03 ; discovery ddl set 1/30/04 ; disp mtn ddl set 1/30/04 ; settlement conf s...
13 (11/14/2003): Scheduling Order - SCHEDULING ORDER signed 11/14/03 by Magistrate Judge Boyd N. Boland ; Discovery cutoff 1/30/04 ;dispositive motions due 1/30/04 ; settlement conference 3:30 1/21/04...
14 (11/14/2003): Order - MINUTE ORDER : by Magistrate Judge Boyd N. Boland ; settlement conf set for 3:30 1/21/04 ; pretrial conf set for 8:30 2/11/04 (cc: all counsel) ; entry date : 11/17/03 (former...
15 (11/28/2003): Order - MINUTE ORDER : by Magistrate Judge Boyd N. Boland regarding [13-1] schedule order ; pto ddl set for 1/30/04 ; pretrial conf set for 2/11/04 is vacated and reset to 8:30 2/6/04...
16 (12/9/2003): Order - MINUTE ORDER : by Magistrate Judge Boyd N. Boland at request of counsel, regarding [13-1] schedule order ; pto ddl set for 1/23/04 ; pretrial conf set for 2/6/04 is vacated and...
17 (12/22/2003): Motion for Extension of Time - Unopposed MOTION by defendant Gold Mine Tours Inc to extend time to designate expert witnesses (former empl)
18 (12/24/2003): Memorandum - MEMORANDUM by Judge WY. Clarence A. Brimmer referring to Magistrate Judge Boyd N. Boland the motion to extend time to designate expert witnesses [17-1] (gms)
19 (12/30/2003): Order - ORDER by Magistrate Judge Boyd N. Boland denying unopposed motion to extend time to designate expert witnesses [17-1] (cc: all counsel) ; entry date : 12/31/03 (gms)
20 (1/21/2004): Notice of Entry of Appearance - FAX ATTORNEY APPEARANCE for defendant Gold Mine Tours Inc by Timothy P. Schimberg (former empl)
21 (1/22/2004): Memorandum - MEMORANDUM by Magistrate Judge Boyd N. Boland regarding [13-1] schedule order ; settlement conf held 1/21/04 8no settlement (former empl)
22 (1/26/2004): Order - MINUTE ORDER : by Magistrate Judge Boyd N. Boland regarding [13-1] schedule order ; pto ddl set for 3/1/04 ; pretrial conf set for 3:30 3/8/04 (cc: all counsel) ; entry date : ...
23 (1/30/2004): Motion for Summary Judgment - MOTION by defendant Gold Mine Tours Inc for summary judgment (former empl)
24 (2/5/2004): Affidavit - AFFIDAVIT of Dennis Lanning re: motion for summary judgment [23-1] (former empl)
25 (2/23/2004): Motion for Extension of Time - MOTION by plaintiff Edeltraud Carlson to extend time to respond to dft's dispositive motion to and including 2/27/04 (former empl)
26 (2/27/2004): Order - MINUTE ORDER : by Judge WY. Clarence A. Brimmer granting motion to extend time to respond to dft's dispositive motion to and including 2/27/04 [25-1], setting hearing on motion...
27 (2/27/2004): Response to Motion - RESPONSE by plaintiff Edeltraud Carlson to motion for summary judgment [23-1] (former empl)
28 (3/2/2004): Motion for Leave - Unopposed MOTION by defendant Gold Mine Tours Inc for leave to file reply in support of motion for summary judgment (former empl)
29 (3/5/2004): Motion to Amend/Correct/Modify - MOTION by defendant Gold Mine Tours Inc to amend affidavit in support of motion for summary judgment [23-1] (former empl)
30 (3/5/2004): Reply to Response to Motion - REPLY by defendant Gold Mine Tours Inc in support of motion for summary judgment [23-1] (former empl)
31 (3/8/2004): Notice of Entry of Appearance - ATTORNEY CO-APPEARANCE for defendant Gold Mine Tours Inc by Matthew Edward Willis (former empl)
33 (3/8/2004): Minutes-Miscellaneous - COURTROOM MINUTES by Magistrate Judge Boyd N. Boland regarding [13-1] schedule order ; pto ddl satisfied 3/8/04 ; pretrial conf held 3/8/04 pretrial order approv...
32 (3/9/2004): Memorandum - MEMORANDUM by Judge WY. Clarence A. Brimmer referring to Magistrate Judge Boyd N. Boland the motion to amend affidavit in support of motion for summary judgment [23-1] [29-...
34 (3/9/2004): Pretrial Order - FINAL PRE-TRIAL ORDER by Magistrate Judge Boyd N. Boland discovery completed (cc: all counsel) (former empl)
35 (3/12/2004): Order - MINUTE ORDER : by Magistrate Judge Boyd N. Boland granting motion to amend affidavit in support of motion for summary judgment [23-1] [29-1] (cc: all counsel) ; entry date : 3/...
37 (3/19/2004): Objections - OBJECTIONS by plaintiff Edeltraud Carlson to pre-trial order [34-1]: dft's exhibits (former empl)
38 (3/31/2004): Order - MINUTE ORDER : by Judge WY. Clarence A. Brimmer setting hearing on motion for summary judgment [23-1] and dispositive motions for 4/7/04 (cc: all counsel) ; entry date : 4/2/04...
39 (4/5/2004): Order - Amended MINUTE ORDER : by Judge WY. Clarence A. Brimmer regarding [38-1] minute order setting hearing on motion for summary judgment [23-1] 1:15 4/7/04 (cc: all counsel) ; entry...
40 (4/7/2004): Minutes-Miscellaneous - COURTROOM MINUTES by Judge WY. Clarence A. Brimmer; Motions hearing held 4/7/04; taking under advisement on 4/7/04 the dft's motion for summary judgment [23-1] ;...
41 (4/19/2004): Motion in Limine - MOTION by defendant Gold Mine Tours Inc in limine to exclude any and all evidence relating to prior settlement discussions between parties (pap)
42 (4/19/2004): Order - ORDER by Judge WY. Clarence A. Brimmer granting in part as to pla's claim of outrageous conduct and denied in part as pla's claim of violation of the Title III of the ADA dft's...
43 (4/29/2004): Order - MINUTE ORDER : by Judge WY. Clarence A. Brimmer ; jury trial 5/3/04 is vacated ; 1 1/2 day court trial is reset for 8:30 7/6/04 (cc: all counsel) ; entry date : 4/30/04 (pap)
44 (6/22/2004): Order - MINUTE ORDER : by Judge WY. Clarence A. Brimmer; This matter is the third setting for a trial to the court for 1 and 1/2 days on 7/6/04 8:30; (cc: all counsel) ; entry date : 6...
45 (6/30/2004): Order - MINUTE ORDER : by Judge WY. Clarence A. Brimmer ; 1 1/2 day court trial is vacated and reset for 8:30 9/13/04 ; trial is placed on the trailing docket; (cc: all counsel) ; entr...
46 (9/8/2004): Order - MINUTE ORDER : by Judge WY. Clarence A. Brimmer ; 1 1/2 day court trial is vacated and reset for 8:30 10/4/04 on the trailing docket; (cc: all counsel) ; entry date : 9/9/04 (pa...
47 (9/28/2004): Order - MINUTE ORDER : by Judge WY. Clarence A. Brimmer ; 1 1/2 day court trial is vacated and reset for 8:30 12/6/04 (cc: all counsel) ; entry date : 9/29/04 (pap)
48 (12/2/2004): Order - MINUTE ORDER : Bench Trial for 1 and 1/2 days reset for 1/3/2005 08:30 AM in Courtroom A 702 before Judge WY. Clarence A. Brimmer in first setting, by Judge Clarence A. Brimmer...
49 (12/8/2004): Motion to Amend/Correct/Modify - MOTION to Amend [34] Final Pretrial Order by Defendant Gold Mine Tours, Inc.. (pap, )
50 (12/9/2004): Memorandum - MEMORANDUM referring to Magistrate Judge Boland [49] MOTION to Amend/Correct [34] Pretrial Order filed by Gold Mine Tours, Inc., . Entered by Judge Clarence A. Brimmer on...
51 (12/13/2004): Order - MINUTE ORDER, Pla shall respond on or before 12/17/04 re [49] MOTION to Amend/Correct [34] Pretrial Order filed by Gold Mine Tours, Inc . Entered by Magistrate Judge Boyd N. B...
-- (12/20/2004): Tendered Document - TENDERED Carlson's Response to the Dft's Moton to amend final pretrial order to [52] MOTION for Extension of Time to File Response/Reply as to [49] MOTION to Amend...
52 (12/20/2004): Motion for Extension of Time to File Response/Repl - Nunc Pro Tunc MOTION for Extension of Time to File Response/Reply as to [49] MOTION to Amend/Correct [34] Pretrial Order up to an...
53 (12/21/2004): Order - MINUTE ORDER; Bench Trial is vacated and reset for 1/5/2005 10:00 AM in Courtroom A 702 before Judge WY. Clarence A. Brimmer.Entered by Judge Clarence A. Brimmer on 12/21/04. ...
54 (12/22/2004): Memorandum - MEMORANDUM referring to Magistrate Judge Boland [52] MOTION for Extension of Time to File Response/Reply as to [49] MOTION to Amend/Correct [34] Pretrial Order filed by E...
55 (1/3/2005): Order on Motion for Extension of Time to File Resp - MINUTE ORDER granting [52] Carlson's nunc pro tunc Motion for Extension of Time to File Response re [49] MOTION to Amend/Correct [34...
56 (1/3/2005): Order on Motion to Amend/Correct/Modify - ORDER denying [49] Dft's Motion to Amend Final Pretrial Order. Signed by Magistrate Judge Boyd N. Boland on 1/3/05. (pap, )
57 (1/5/2005): Bench Trial - Begun - Minute Entry for proceedings held before Judge Clarence A. Brimmer : Trial to Court - Day One; Bench Trial held/concluded on 1/5/2005; Dft's Rule 50 motion is take...
58 (1/6/2005): Amended Document - AMENDED DOCUMENT by Gold Mine Tours, Inc, Amendment to Proposed Findings of Fact and Conclusions of Law. (pap, )
59 (1/18/2005): Order - STIPULATION AND ORDER Regarding Custody of Exhibits and Depositions by Counsel and Signed by Judge Clarence A. Brimmer on 1/13/05. (pap, )
60 (2/2/2005): Judgment* - MEMORANDUM OF ORDER AND JUDGMENT Court finds that Ms. Carlson lacks standing to bring this suit for injunctive relief as she has no intentions to return to the mine and ther...
61 (2/3/2005): Judgment* - FINAL JUDGMENT Plaintiff's claim for violation of the ADA is denied. The Action and Complaint are dismissed. Dft shall have its costs upon the proper filing of a Bill of Cos...
63 (2/24/2005): ~Notice (other) - NOTICE of Rescheduled Bill of Costs Hearing by Gold Mine Tours, Inc. Bill of Cost Hearing is set for 3/2/05 at 9:00 before the Clerk of Court. (pap, )
65 (3/7/2005): Notice of Appeal - NOTICE OF APPEAL as to [61] Judgment on 2/3/05 by Edeltraud Carlson. Filing fee $ 255, receipt number 258671. Notice mailed to all counsel on 3/8/05. Transcript Ord...
66 (3/9/2005): USCA Case Number - USCA Case Number 05-1112 for [65] Notice of Appeal filed by Edeltraud Carlson. (djs, )
67 (3/18/2005): Notice of Appeal - NOTICE OF Cross-APPEAL as to [61] Judgment on 2/3/05 by Gold Mine Tours, Inc. Filing fee $ 255, receipt number 258920. Notice mailed to all counsel on 3/21/05. Tra...
68 (3/21/2005): Transcript Order Form - TRANSCRIPT ORDER FORM by Edeltraud Carlson for proceedings held on 1/5/05 re [65] Notice of Appeal. TOF not signed by court reporte Paul Zuckerman. (djs, )
69 (3/22/2005): USCA Case Number - USCA Case Number 05-1131 for [67] Notice of Appeal filed by Gold Mine Tours, Inc. (djs, )
70 (3/30/2005): Transcript Order Form - TRANSCRIPT ORDER FORM filed by appellant Gold Mine Tours, Inc. Section A and B are not filled out. Attached is a designation of additional parts of transcript...
71 (3/31/2005): Reporter Transcript Order Form - REPORTER TRANSCRIPT ORDER FORM filed by Paul Zuckerman; Transcripts ordered 1/5/05 re: [65] Notice of Appeal. Transcript due by 5/21/2005. (djs, )
72 (4/14/2005): Motion to Compel - MOTION to Compel Plaintiff to Order Complete Transcript for Appeal by Defendant Gold Mine Tours, Inc.(pap2, )
73 (4/22/2005): Transcript -Appeal - TRANSCRIPT of Trial to Court: Testimony of Edeltraud Carlson filed for dates of 1/5/05 before Judge Brimmer re [65] Notice of Appeal Prepared by: Paul Zuckerman. ...
74 (4/22/2005): Letter re Appeal - LETTER re Appeal from court reporter Paul Zuckerman advising that all appeal transcripts ordered from him are complete and on file in USDC as to [65] Notice of Appea...
75 (5/5/2005): Order on Motion to Compel - ORDER granting Defendant's [72] Motion to Compel Plaintiff to Order Complete Transcript for Appeal. Signed by Judge Clarence A. Brimmer on 5/4/05. (djs, )
76 (5/19/2005): Letter re Appeal - LETTER re Appeal from USCA to court reporter Paul Zuckerman advising him he has 10 days to file a signed TOF as to [67] Notice of Appeal. (djs, )
77 (5/19/2005): Letter re Appeal - LETTER re Appeal from USDC to USCA advising the TOF was filed on 3/31/05 and the transcript was filed on 4/22/05 as to [67] Notice of Appeal. (djs, )
78 (5/20/2005): Letter re Appeal - LETTER re Appeal to USCA and all counsel advising the record is now complete as to [65] Notice of Appeal and [67] Notice of Cross Appeal. All transcripts ordered fo...
79 (5/31/2005): Transcript Order Form - TRANSCRIPT ORDER FORM filed by Plaintiff/Appellant Edeltraud Carlson for proceedings held on 1/5/05 re [65] Notice of Appeal. TOF not signed by court reporter ...
80 (8/12/2005): Reporter Transcript Order Form - REPORTER TRANSCRIPT ORDER FORM filed by Paul Zuckerman re: [65] Notice of Appeal. Transcript if 1/5/05 due by 9/30/2005. (djs, )
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Case 1:03-cv-01360-CAB-BNB Document 82 Filed 12/16/2005 Page1 of2
IN THE UNITED STATES DISTRICT COURT
¥OR THE DISTRICT OF COLORADO
Civil Action No. 03-WY-1360 (BNB)
EDELTRAUD CARLSON,
Plaintiff,
Vv.
GOLD MINE TOURS, INC.
d/b‘a MOLLY KATHLEEN GOLD MINE
Defendant,
MOTION TO WITHDRAW AS COUNSEL OF RECORD
COMES NOW, Matthew E. Willis, Esq., and respectfully requests that this honorable
Court allow me to withdraw as counsel of record in the above-captioned matter. I have left the
employment of Fowler, Schimberg & Flanagan, P.C. and am not associated in any manner with
this Action. Any and all notices should continue to be forwarded to the attention of Catherine A.
Tallerico, Esq. of Fowler, Schimberg & Flanagan, P.C., counsel for Gold Mine Tours, Inc. d/b/a
Molly Kathleen Gold Mine.
WHEREFORE, I respectfully request that this Court enter an.Order withdrawing me
from this matter for the reasons stated herein.
Respectfully submitted this lo HKetay of December, 2005.
ity
Matthew E. Willis, #34747
700 17" Street, Suite 800
Denver, CO 80202
(303) 548-0060
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Case 1:03-cv-01360-CAB-BNB Document 82 Filed 12/16/2005 Page 2of2
CERTIFICATE OF SERVICE
I hereby certify that on this Oe day of December, 2005, I caused a true and correct
copy of the foregoing MOTION TO WITHDRAW AS COUNSEL OF RECORD was served
upon the following via U.S.D.C. ECF and/or placed into the United States mail, first class
postage prepaid and correctly addressed as follows:
Catherine A. Tallerico, Esq.
Fowler, Schimberg & Flanagan, P.C.
1640 Grant Street, Suite 300
Denver, CO 80232
Cecilia M. Serna, Esq,
Law Office of Cecilia M. Serna, Esq.
600 17" Street, Suite 2800 South
Denver, CO 80202-5428