Stipulated MOTION to Continue , or Alternatively, Vacate Final Trial Preparation Conference and Pending Deadlines Due to Settlement - and - Certificate of Compliance with D.C.COLO.LCivR 6.1D (Forthwith) by Plaintiff Leprino Foods Company. (Heidemann, Bret)
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Case 1:03-cv-02461-MSK-MEH Document 120 Filed 05/23/2006 Page 1 of 3 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 03-cv-02461-MSK-MEH LEPRINO FOODS COMPANY, Plaintiff, v.
FELDMEIER EQUIPMENT, INC.,
Defendant.
FORTHWITH STIPULATED MOTION TO CONTINUE, OR ALTERNATIVELY, VACATE FINAL TRIAL PREPARATION CONFERENCE AND PENDING DEADLINES DUE TO SETTLEMENT – AND – CERTIFICATE OF COMPLIANCE WITH D.C.COLO.LCivR 6.1D Plaintiff Leprino Foods Company (“Leprino”) and Defendant Feldmeier Equipment, Inc. (“Feldmeier”) (collectively, the “Parties”), through their counsel, respectfully submit this Forthwith Stipulated Motion to Continue, or Alternatively, Vacate Final Trial Preparation Conference and Pending Deadlines Due to Settlement. As grounds therefor, the Parties state as follows:
1.
During a settlement conference on May 17, 2006, before Magistrate Judge Michael E. Hegarty, the Parties came to an agreement to settle this matter. 2.
The Parties have a Final Trial Preparation Conference scheduled before Judge Krieger on May 26, 2006, at 1:30 p.m. Because of the recent settlement, the Parties seek to reset, or alternatively, vacate the Final Trial Preparation Conference. 3.
Pursuant to MSK Civ. Practice Standard III.F., a hearing (such as the Final Trial Preparation Conference) shall not be vacated due to settlement until the filing of
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Case 1:03-cv-02461-MSK-MEH Document 120 Filed 05/23/2006 Page 2 of 3 pleadings sufficient to resolve the matter and the issuance of an order. Although the Parties are earnestly working to file such pleadings that may not happen prior to May 26, 2006.
4.
In order to comply with the intent of this Court’s practice rules, and to promote financial efficiencies and judicial resources, the Parties move that the Final Trial Preparation Conference be continued to a date not earlier than June 7, 2006. This would allow execution of the necessary documents that would allow the dismissal to be filed in this case without the need for a Final Trial Preparation Conference. Alternatively, the Parties move that the Final Trial Preparation Conference be vacated upon the filing of the stipulation for dismissal in the event such stipulation is filed prior to any Final Trial Preparation Conference.
5.
The Parties also seek to reset, or alternatively, vacate the deadline of May 23, 2006, for the submission of joint witness and exhibit lists, joint proposed voir dire, joint proposed jury instructions, joint verdict form, joint glossary, joint deposition designations, and the filing of trial briefs. The Parties likewise move that this deadline be continued to a date not earlier than June 5, 2006.
6.
Pursuant to D.C.COLO.LCivR 6.1D, a copy of this motion is being served upon each party.
WHEREFORE, the Parties respectfully request a continuance of, or alternatively, vacate the Final Trial Preparation Conference and submission deadline referred herein because of the settlement achieved between the Parties.
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Case 1:03-cv-02461-MSK-MEH Document 120 Filed 05/23/2006 Page 3 of 3 Respectfully submitted this 23rd day of May 2006.
LEPRINO FOODS COMPANY
FELDMEIER EQUIPMENT, INC.
s/ Bret M. Heidemann Michael G. Bohn Bret M. Heidemann Campbell Bohn Killin Brittan & Ray, LLC 270 St. Paul Street, Suite 200 Denver, Colorado 80206
Fowler, Schimberg & Flanagan, P.C. 1640 Grant Street, Suite 300 Denver, Colorado 80203
(303) 298-8603 (phone) c_tallerico@fsf-law.com CERTIFICATE OF SERVICE I hereby certify that on the 23rd day of May 2006, a true and correct copy of the foregoing FORTHWITH STIPULATED MOTION TO CONTINUE, OR ALTERNATIVELY, VACATE FINAL TRIAL PREPARATION CONFERENCE AND PENDING DEADLINES DUE TO SETTLEMENT – AND – CERTIFICATE OF COMPLIANCE WITH D.C.COLO.LCivR 6.1D was deposited in the United States mail, postage prepaid, addressed to:
Jon Alby, Esq.
Leprino Foods Company 1830 W. 38th Avenue Denver, CO 80211 Feldmeier Equipment, Inc.
Case 1:03-cv-02461-MSK-MEH
Document 120
Filed 05/23/2006
Page 1 of 3
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 03-cv-02461-MSK-MEH
LEPRINO FOODS COMPANY,
Plaintiff,
v.
FELDMEIER EQUIPMENT, INC.,
Defendant.
FORTHWITH STIPULATED MOTION TO CONTINUE, OR ALTERNATIVELY,
VACATE FINAL TRIAL PREPARATION CONFERENCE AND PENDING DEADLINES
DUE TO SETTLEMENT
– AND –
CERTIFICATE OF COMPLIANCE WITH D.C.COLO.LCivR 6.1D
Plaintiff Leprino Foods Company (“Leprino”) and Defendant Feldmeier
Equipment, Inc. (“Feldmeier”) (collectively, the “Parties”), through their counsel,
respectfully submit this Forthwith Stipulated Motion to Continue, or Alternatively, Vacate
Final Trial Preparation Conference and Pending Deadlines Due to Settlement.
As
grounds therefor, the Parties state as follows:
1.
During a settlement conference on May 17, 2006, before Magistrate Judge
Michael E. Hegarty, the Parties came to an agreement to settle this matter.
2.
The Parties have a Final Trial Preparation Conference scheduled before
Judge Krieger on May 26, 2006, at 1:30 p.m. Because of the recent settlement, the
Parties seek to reset, or alternatively, vacate the Final Trial Preparation Conference.
3.
Pursuant to MSK Civ. Practice Standard III.F., a hearing (such as the Final
Trial Preparation Conference) shall not be vacated due to settlement until the filing of
PDF Page 3
Case 1:03-cv-02461-MSK-MEH
Document 120
Filed 05/23/2006
Page 2 of 3
pleadings sufficient to resolve the matter and the issuance of an order. Although the
Parties are earnestly working to file such pleadings that may not happen prior to
May 26, 2006.
4.
In order to comply with the intent of this Court’s practice rules, and to
promote financial efficiencies and judicial resources, the Parties move that the Final
Trial Preparation Conference be continued to a date not earlier than June 7, 2006. This
would allow execution of the necessary documents that would allow the dismissal to be
filed in this case without the need for a Final Trial Preparation Conference.
Alternatively, the Parties move that the Final Trial Preparation Conference be vacated
upon the filing of the stipulation for dismissal in the event such stipulation is filed prior to
any Final Trial Preparation Conference.
5.
The Parties also seek to reset, or alternatively, vacate the deadline of
May 23, 2006, for the submission of joint witness and exhibit lists, joint proposed voir
dire, joint proposed jury instructions, joint verdict form, joint glossary, joint deposition
designations, and the filing of trial briefs. The Parties likewise move that this deadline
be continued to a date not earlier than June 5, 2006.
6.
Pursuant to D.C.COLO.LCivR 6.1D, a copy of this motion is being served
upon each party.
WHEREFORE, the Parties respectfully request a continuance of, or alternatively,
vacate the Final Trial Preparation Conference and submission deadline referred herein
because of the settlement achieved between the Parties.
2
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Case 1:03-cv-02461-MSK-MEH
Document 120
Filed 05/23/2006
Page 3 of 3
Respectfully submitted this 23rd day of May 2006.
LEPRINO FOODS COMPANY
FELDMEIER EQUIPMENT, INC.
s/ Bret M. Heidemann
Michael G. Bohn
Bret M. Heidemann
Campbell Bohn Killin Brittan & Ray, LLC
270 St. Paul Street, Suite 200
Denver, Colorado 80206
(303) 322-3400 (phone)
(303) 322-5800 (fax)
mbohn@campbellbohn.com
bheidemann@campbellbohn.com
s/ Catherine Tallerico
Catherine A. Tallerico, Esq.
Fowler, Schimberg & Flanagan, P.C.
1640 Grant Street, Suite 300
Denver, Colorado 80203
(303) 298-8603 (phone)
c_tallerico@fsf-law.com
CERTIFICATE OF SERVICE
I hereby certify that on the 23rd day of May 2006, a true and correct copy of the
foregoing
FORTHWITH
STIPULATED
MOTION
TO
CONTINUE,
OR
ALTERNATIVELY, VACATE FINAL TRIAL PREPARATION CONFERENCE AND
PENDING DEADLINES DUE TO SETTLEMENT – AND – CERTIFICATE OF
COMPLIANCE WITH D.C.COLO.LCivR 6.1D was deposited in the United States mail,
postage prepaid, addressed to:
Jon Alby, Esq.
Leprino Foods Company
1830 W. 38th Avenue
Denver, CO 80211
Feldmeier Equipment, Inc.
P.O. Box 474
Syracuse, NY 13311-0474
s/ Cori Atteberry
Cori Atteberry, Legal Assistant
3
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