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IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 03-N-1793 (BNB) PATRICIA A. EMERSON, Plaintiff, V.
WEMBLEY USA, INC.; WEMBLEY INC.;
ROBERT TY HOWARD in his personal capacity; and JEFFREY GOERGEN in his personal capacity,
Defendants.
DEFENDANTS’ THIRD STATUS REPORT
Defendants Wembley, Inc., Wembley USA, Inc. and Robert Ty Howard, by and through their attorneys, Snell & Wilmer L.L.P., pursuant to the Court’s Order dated May 19, 2005, provide the following status report.
l. Defendants originally filed their Motion for Summary Judgment in this matter on May 12, 2004. Pursuant to the Court’s Order dated May 19, 2005, Defendants filed their Renewed Motion for Summary Judgment and Renewed Motion for Partial Summary Judgment (the “Renewed Motions”) with the Court on August 17, 2005.
2. Pursuant to D.C. COLO. L.R. 7.1(C), Plaintiff's response to the Renewed Motions is due on or before September 6, 2005.
3. On July 19, 2004, the United States District Court for the District of Rhode Island, Judge Mary M. Lisi, entered an Order regarding Plaintiff's Motion to Enforce Subpoena issued to Daniel Bucci, a former employee of Defendant Wembley USA, Inc. who resides in Rhode Island. A copy of the Order is attached as Exhibit “A” to this Status Report. Pursuant to
the Order, the Court required that counsel “shall confer within seven days following the verdict
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in [Mr. Bucci’s pending] criminal case and agree upon a mutually convenient date for the deposition as soon as possible thereafter.”
4. On July 19, 2005, while Mr. Bucci’s criminal trial was pending, Plaintiff filed a Motion to Amend Judge Lisi’s Order regarding Mr. Bucci’s deposition. Plaintiff sought an Order compelling Mr Bucci’s attorney, Anthony Traini, to produce Mr. Bucci for deposition within 30 days.
5. On August 3, 2005, the Defendants filed their Objection to Plaintiff's Motion to Amend Order with the Rhode Island federal court.
6. On August 5, 2005, Judge Lisi set a hearing on Plaintiff's Motion to Amend Order for September 7, 2005, at 11:00 a.m. Eastern Daylight Time.
7. Judge Lisi’s original Order dated July 19, 2004 regarding Mr. Bucci’s deposition remains in effect, as she has not yet held the hearing or issued an Order with respect to Plaintiff's Motion to Amend Order. According to Judge Lisi’s original Order, as noted above, Plaintiff's counsel was required to confer with defense counsel within seven days following the verdict in the criminal case to agree on a mutually convenient date for Mr. Bucci’s deposition. The verdict in Mr. Bucci’s criminal case was entered on August 8, 2005. Thus, pursuant to Judge Lisi’s Order of July 19, 2004, Plaintiff's counsel was obligated to confer with Defendants’ counsel on or before August 15, 2005, to schedule Mr. Bucci’s deposition. To date, Plaintiff's counsel has failed to confer with undersigned counsel regarding a date for Mr. Bucci’s deposition. Having failed to do so, Plaintiff should be granted no additional extension of time to respond to Defendants’ Renewed Motions in this matter. Plaintiff has ignored Judge Lisi’s Order and has
delayed long enough in responding to Defendants’ arguments regarding summary judgment.
92606.1 2
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8. Accordingly, Defendants respectfully request that the Court enter an Order requiring Plaintiff to respond to Defendants’ Renewed Motions on or before September 6, 2005,
in accordance with D.C. COLO. L.R. 7.1(C), with or without the deposition of Mr. Bucci.
Respectfully submitted this 19" day of August, 2005
WEMBLEY USA, INC., WEMBLEY, INC.,
AND ROBERT TY HOWARD
92606.1 -3-
Page 4
CERTIFICATE OF SERVICE
The undersigned does hereby certify that on this 19 August 2005, a true and correct copy of the foregoing DEFENDANTS’ THIRD STATUS REPORT was served via ECF electronic
filing to the following:
Robert A. Zupkus, Esq.
Bradley N. Shefrin, Esq.
Melissa Clack, Esq.
ZUPKUS & ANGELL, PC
555 E. 8" Ave.
Denver, CO 80203 Telephone: 303-894-8948 Facsimile: 303-894-0104
AGN ee Ye Martha McCleery e
92606.1 -4.
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Case 1:038-cv-01793-EWN-BNB Document 104 ~~ Filed 08/19/2005 Page 1 of 4
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 03-N-1793 (BNB)
PATRICIA A. EMERSON,
Plaintiff,
V.
WEMBLEY USA, INC.; WEMBLEY INC.;
ROBERT TY HOWARD in his personal capacity; and
JEFFREY GOERGEN in his personal capacity,
Defendants.
DEFENDANTS’ THIRD STATUS REPORT
Defendants Wembley, Inc., Wembley USA, Inc. and Robert Ty Howard, by and through
their attorneys, Snell & Wilmer L.L.P., pursuant to the Court’s Order dated May 19, 2005,
provide the following status report.
l. Defendants originally filed their Motion for Summary Judgment in this matter on
May 12, 2004. Pursuant to the Court’s Order dated May 19, 2005, Defendants filed their
Renewed Motion for Summary Judgment and Renewed Motion for Partial Summary Judgment
(the “Renewed Motions”) with the Court on August 17, 2005.
2. Pursuant to D.C. COLO. L.R. 7.1(C), Plaintiff's response to the Renewed
Motions is due on or before September 6, 2005.
3. On July 19, 2004, the United States District Court for the District of Rhode
Island, Judge Mary M. Lisi, entered an Order regarding Plaintiff's Motion to Enforce Subpoena
issued to Daniel Bucci, a former employee of Defendant Wembley USA, Inc. who resides in
Rhode Island. A copy of the Order is attached as Exhibit “A” to this Status Report. Pursuant to
the Order, the Court required that counsel “shall confer within seven days following the verdict
92606. 1
PDF Page 3
Case 1:08-cv-01793-EWN-BNB Document 104 ~~ Filed 08/19/2005 Page 2 of 4
in [Mr. Bucci’s pending] criminal case and agree upon a mutually convenient date for the
deposition as soon as possible thereafter.”
4. On July 19, 2005, while Mr. Bucci’s criminal trial was pending, Plaintiff filed a
Motion to Amend Judge Lisi’s Order regarding Mr. Bucci’s deposition. Plaintiff sought an
Order compelling Mr Bucci’s attorney, Anthony Traini, to produce Mr. Bucci for deposition
within 30 days.
5. On August 3, 2005, the Defendants filed their Objection to Plaintiff's Motion to
Amend Order with the Rhode Island federal court.
6. On August 5, 2005, Judge Lisi set a hearing on Plaintiff's Motion to Amend
Order for September 7, 2005, at 11:00 a.m. Eastern Daylight Time.
7. Judge Lisi’s original Order dated July 19, 2004 regarding Mr. Bucci’s deposition
remains in effect, as she has not yet held the hearing or issued an Order with respect to Plaintiff's
Motion to Amend Order. According to Judge Lisi’s original Order, as noted above, Plaintiff's
counsel was required to confer with defense counsel within seven days following the verdict in
the criminal case to agree on a mutually convenient date for Mr. Bucci’s deposition. The verdict
in Mr. Bucci’s criminal case was entered on August 8, 2005. Thus, pursuant to Judge Lisi’s
Order of July 19, 2004, Plaintiff's counsel was obligated to confer with Defendants’ counsel on
or before August 15, 2005, to schedule Mr. Bucci’s deposition. To date, Plaintiff's counsel has
failed to confer with undersigned counsel regarding a date for Mr. Bucci’s deposition. Having
failed to do so, Plaintiff should be granted no additional extension of time to respond to
Defendants’ Renewed Motions in this matter. Plaintiff has ignored Judge Lisi’s Order and has
delayed long enough in responding to Defendants’ arguments regarding summary judgment.
92606.1 2
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Case 1:038-cv-01793-EWN-BNB Document 104 ~~ Filed 08/19/2005 Page 3 of 4
8. Accordingly, Defendants respectfully request that the Court enter an Order
requiring Plaintiff to respond to Defendants’ Renewed Motions on or before September 6, 2005,
in accordance with D.C. COLO. L.R. 7.1(C), with or without the deposition of Mr. Bucci.
Respectfully submitted this 19" day of August, 2005
SNELL & WILMER Lv.
By: a ZA. Uw
Kristén L. Mix
1200 Seventeenth Street, Suite 1900
Denver, Colorado 80202
Telephone: (303) 634-2000
Facsimile: (303) 634-2020
ATTORNEYS FOR DEFENDANTS
WEMBLEY USA, INC., WEMBLEY, INC.,
AND ROBERT TY HOWARD
92606.1 -3-
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Case 1:08-cv-01793-EWN-BNB Document 104 ~~ Filed 08/19/2005 Page 4 of 4
CERTIFICATE OF SERVICE
The undersigned does hereby certify that on this 19 August 2005, a true and correct copy
of the foregoing DEFENDANTS’ THIRD STATUS REPORT was served via ECF electronic
filing to the following:
Robert A. Zupkus, Esq.
Bradley N. Shefrin, Esq.
Melissa Clack, Esq.
ZUPKUS & ANGELL, PC
555 E. 8" Ave.
Denver, CO 80203
Telephone: 303-894-8948
Facsimile: 303-894-0104
AGN ee Ye
Martha McCleery e
92606.1
-4.
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