Case 2:05-cv-02257-KHV-JPO Document 38 Filed 02/15/06 Page 1 of 4

IN THE UNITED STATES DISTRICT COURT FOR THE
DISTRICT OF KANSAS

GRACELAND COLLEGE CENTER FOR )
PROFESSIONAL DEVELOPMENT AND )
LIFELONG LEARNING, INC., )
d/b/a SKILLPATH )
)
Plaintiff, ) Case No. 05-2257-KHV
)
v. )
)
MICHAEL F. PRICE, )
BizSummits LLC, )
and Specialty Holdings LLC d/b/a VC South )
)
Defendants. )

PLAINTIFF’S MOTION TO STAY PROCEEDINGS PENDING FINALIZATION OF THE
PARTIES’ AGREEMENT TO COMPROMISE

Plaintiff Graceland College Center for Professional Development and Lifelong Learning,

Inc., d/b/a SkillPath (“SkillPath” or “Plaintiff") hereby moves this Court for its order staying

proceedings in this case pending the parties’ finalization of their agreement to compromise. In

support of its Motion, Plaintiff states as follows:

1. SkillPath filed its Complaint on June 22, 2005, and Defendants responded by filing a

Motion to Dismiss for Lack of Personal Jurisdiction on September 1, 2005.

2. The parties agreed to, and this Court ordered, an extension of time for the Plaintiff to

respond to the Defendants’ Motion to Dismiss, and the parties agreed to and the Court granted leave

for the Plaintiff to conduct jurisdictional discovery.

3. Subsequently, the Plaintiff filed and served its Amended Complaint, and Defendants

re-filed their Motion to Dismiss on December 6, 2005 (Docket No. 31). Plaintiff sought and obtained

a further extension of time to respond to Defendants’ re-filed Motion to Dismiss.

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4. From December of 2005 through the end of January of 2006, the parties engaged in

negotiations regarding an agreement to dismiss this case without prejudice.

5. The parties agreed to the terms of that arrangement, and Plaintiff’s counsel provided a

draft agreement for the Defendants’ review.

6. Late in the day on February 13, two days prior to the Court’s deadline for the Plaintiff

to respond to the Defendants’ Motion to Dismiss, Defendants’ counsel notified Plaintiff’s counsel

that the Defendants had new, material information that compromised the terms of the arrangement to

which the parties had agreed. In particular, Defendants counsel told Plaintiff’s counsel that the

Defendant had encumbered funds the Defendant agreed would be available to the Plaintiff by

allowing credit card companies to place liens on those funds.

7. Shortly after 1 p.m. on Wednesday, February 15, 2006, Defendants’ counsel

responded to the proposed agreement with revisions and comments. Most of the revisions are not

objectionable, but the Plaintiff has not had an opportunity to address the new information about the

encumbrances on Defendants’ funds and another new issue regarding use of certain trademarks,

which had not been raised prior to this week.

8. The parties are very close to a dismissal of this case without prejudice.

9. Plaintiff’s counsel has consulted with Defendants’ counsel, and Defendants’ counsel

has indicated that the Defendants do not oppose the Court granting more time for the parties to

resolve this matter.

For the reasons set forth herein, SkillPath respectfully requests that the Court to stay these

proceedings until such time as the parties are able to finalize their agreement to dismiss this case,

which finalization SkillPath does not anticipate will take longer than two weeks, and for such other

and further relief as this Court deems just and proper.

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Dated: February 15, 2006 Respectfully submitted,

SONNENSCHEIN NATH & ROSENTHAL LLP

By: /s/ Robert O. Lesley
Robert O. Lesley KS #11545
Rebecca S. Stroder KS #20648
4520 Main Street, Suite 1100
Kansas City, Missouri 64111
Phone: (816) 460-2400
Fax: (816) 531-7545
rlesley@sonnenschein.com
rstroder@sonnenschein.com

Attorneys for Plaintiff Graceland College Center for
Professional Development and Lifelong Learning, Inc., d/b/a/
SkillPath, Inc.

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Case 2:05-cv-02257-KHV-JPO Document 38 Filed 02/15/06 Page 4 of 4

CERTIFICATE OF SERVICE

I hereby certify that on February 15, 2006, I filed the foregoing document with the Clerk
of the Court, using the ECF system, which delivered copies via email to the following:

Jan P. Helder, Jr., Esq.
Helder Law Firm
2300 Main St., 9th Floor
Kansas City, MO 64108
jph@helderlaw.com

__/s/ Robert O. Lesley____________
Attorney for Plaintiff

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