U.S. District Court, District of Colorado

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Judge Phillip S. Figa Civil Action No. 05-cv-02268-PSF-CBS VALERIE L. JONES, as an individual, as a co-owner and operator of PARK AVENUE DANCE WORKS, INC.; JOHN I. O’ HAGAN WARD, as an individual, as a co-owner and operator of PARK AVENUE DANCE WORKS, INC.; BENNETT M. HODGINS, as an individual; and PARK AVENUE DANCE WORKS, INC., as a corporation, Plaintiffs, v. MAURICE HAGA, as an individual; JACQUELINE HAGA, as an individual; MARISA HAGA, as an individual; A.H., as an individual; GENEVIEVE JASLOWSKI, as an individual; RUSSELL HARVEY, as an individual; MARGO LANGLEY, as an individual; ALLYSON BRADLEY, as an individual; JANYNE MARULLO, a/k/a JANYNE YEHLING, as an individual; TIM FRATES, as an individual and in his official capacity as General Manager of the Montrose Daily Press; CATHERINE FRATES, as an individual; SCOTT SCHWEBKE, as an individual and in his official capacity as Senior Writer for the Montrose Daily Press; STEVEN WOODY, as an individual and Publisher of the Montrose Daily Press; THE MONTROSE DAILY PRESS, as a subsidiary of WICK COMMUNICATIONS CO.; CITY OF MONTROSE and MONTROSE POLICE DEPARTMENT, as an agency of the City of Montrose; BLAINE HALL, as an individual and in his official capacity as a police officer of the Montrose Police Department; OURAY COUNTY SHERIFF DOMINIC MATTIVI, in his individual capacity; and OURAY COUNTY UNDERSHERIFF MATT CARRINGTON, in his individual capacity, Defendants. ORDER SETTING HEARING ON PENDING MOTIONS This matter is before the Court on the following motions: Defendants Margo Langley and Allyson Bradley’ Motion to Dismiss (Dkt. # 55), filed February 15, 2006; s Defendants City of Montrose and Blaine Hall’ Motion to Dismiss Amended Complaint s (Dkt. # 70), filed February 27, 2006; Defendants Dominic Mattvi and Matt Carrington’ s Motion to Strike Plaintiff’ Amended Complaint (Dkt. # 71), filed February 27, 2006; s Defendants Montrose Daily Press, Tim Frates, Catherine Frates, Scott Schwebke and Steven Woody’ Second Motion to Dismiss for Lack of Jurisdiction (Dkt. # 76), filed s March 2, 2006; Defendants Montrose Daily Press, Tim Frates, Catherine Frates, Scott Schwebke and Steven Woody’ Second Motion to Dismiss Party Pursuant to F.R.Civ.P. s 12(b)(6) (Dkt. # 77), filed March 2, 2006; Defendants Maurice Haga, Jacqueline Haga, Marisa Haga and A.H.’ First Motion to Dismiss (Dkt. # 127), filed April 6, 2006; s Plaintiffs’ Motion for Default Judgment as to Defendant Genevieve Jaslowski (Dkt. # 159), filed May 30, 2006; and the filing on behalf of Defendant Genevieve Jaslowski that arguably can be construed as a motion to dismiss (Dkt. # 168), filed June 9, 2006. It is HEREBY ORDERED that counsel for the parties and any unrepresented party shall appear on Thursday, July 6, 2006 at 2:00 p.m. in Courtroom A602 of the U.S. District Court for the District of Colorado, Sixth Floor, of the Alfred A. Arraj U.S. Courthouse, 901 19th Street, Denver, Colorado for a hearing on the above motions and for a status conference. It is FURTHER ORDERED that the following motions are DENIED as superseded by some of the above-listed motions: Defendants Montrose Daily Press, Tim Frates, Catherine Frates, Scott Schwebke and Steven Woody’ Motion to Dismiss s 2 for Lack of Jurisdiction (Dkt. # 13), filed January 3, 2006; Defendants Montrose Daily Press, Tim Frates, Catherine Frates, Scott Schwebke and Steven Woody’ Motion to s Dismiss Party (Dkt. # 14), filed January 3, 2006; Defendants City of Montrose and Montrose Police Department’ Motion to Dismiss (Dkt. # 39), filed January 20, 2006; s and Defendants Dominic Mattvi and Matt Carrington’ Motion to Dismiss (Dkt. # 48), s filed January 30, 2006. DATED: June 13, 2006 BY THE COURT: s/ Phillip S. Figa _______________________________ Phillip S. Figa United States District Judge 3

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