HomeMy WebLinkAbout2018CV3112 - Sean Slatton V. Fort Collins Police Department, Todd Hopkins, Brandon Barnes And John Hutto - 122 - Plaintiff's Amdned Motion For Extension Of Expert Deadlines1
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 1:18-cv-03112-RBJ-STV
SEAN SLATTON,
Plaintiff,
v.
CITY OF FORT COLLINS,
Defendant.
______________________________________________________________________________
AMENDED UNOPPOSED MOTION TO MODIFY SCHEDULING
|ORDER TO EXTEND DISCOVERY DEADLINES
______________________________________________________________________________
Plaintiff, by and through his attorneys, David Lane and Helen Oh, hereby submit the
following Amended Unopposed Motion to Modify Scheduling Order to Extend Expert
Disclosure Deadlines, and state as follows:
CERTIFICATION PURSUANT TO D.C.COLO. LCivR. 7.1
Undersigned counsel hereby certifies that she conferred with counsel for Defendant, who
does not oppose the relief requested.
CERTIFICATION PURSUANT TO D.C.COLO. LCivR. 6.1(c)
Counsel for Plaintiff certify that a copy of this Motion will be served contemporaneously
on Plaintiff upon the filing of this Motion.
1. Plaintiff files this amended motion because the previously filed motion [ECF 121]
did not include the proposed extension of the discovery cut-off and dispositive motion deadlines,
which Plaintiff also respectfully requests for the reasons below.
2. On September 10, 2020, the Court entered a Scheduling Order [ECF 119] with the
following expert disclosure deadlines:
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• Plaintiff’s expert disclosure is February 10, 2021;
• Defendant’s expert disclosure is March 29, 2021;
• Plaintiff’s rebuttal expert disclosure is May 13, 2021.
3. The discovery cut-off is June 10, 2021. Id.
4. The dispositive motion deadline is July 12, 2021.
5. Defendant propounded written discovery requests to Plaintiff on November 23,
2020, which Plaintiff responded to on January 15, 2021.
6. Plaintiff propounded written discovery requests to Defendant on January 21,
2021, and responses are due on February 21, 2021.
7. Counsel for Plaintiff inquired with counsel for Defendant about scheduling
depositions in November and again in January. The parties have been discussing and depositions
and are in the process of being set.
8. Due to scheduling and discovery materials being delayed over the holidays,
depositions currently being scheduled, and materials necessary for expert witness review in the
process of being obtained, Plaintiff respectfully requests a sixty-day extension of remaining
discovery deadlines. Plaintiff’s proposed discovery deadlines are:
• Plaintiff’s expert disclosure: April 9, 2021;
• Defendant’s expert disclosure: May 29, 2021;
• Plaintiff’s rebuttal expert disclosure: July 13, 2021.
• Discovery cut-off: August 10, 2021.
• Dispositive motion deadline: September 13, 2021.
7. In addition to the aforementioned delays and usual press of business, counsel
David Lane prepared for and attended mediation in Bush v. Liberty Global, Inc., 1:19-cv-03495-DDD-
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KLM; is filing a reply brief in Arizona Attorneys for Criminal Justice, et al. v. Mark Brnovich, et
al., Case No. 20-16293 in the Ninth Circuit Court of Appeals; is attending an Equal Employment
Opportunity Commission Conciliation in Aegerter, et al. v. KVDR; is taking five depositions in
Richter v. Romero, et al., Case No. 19-05513-PHX-DGC, a matter in the U.S. District Court for
the District of Arizona; and is preparing for and taking several depositions at the end of February
in the matter of Harris v. Barnes, et al., No. 19-cv-00572-MEH.
8. In addition to the aforementioned delays and usual press of business, counsel
Helen Oh has spent a considerable amount of time preparing for and taking four depositions in
the matter of Colbruno v. Kessler, et al., 1:17-cv-01072-DDD-NRN; drafting two rebuttal
statements to the Equal Employment Opportunity Commission in Camacho v. Vestas and
Camacho v. Elwood Staffing; preparing a mediation statement and will be attending a full day
mediation in the matter of Christensen v. Axis Healthcare Systems, Civil Action No. 1:18-cv-
02962-WJM-SKC; reviewing and finalizing expert witness reports in the matter of Campen v.
Geo Group, Inc., Civil Action No. 19-cv-01933-MEH; drafting responses to two motions to
dismiss in the class action lawsuit Minter, et al. v. City of Aurora, et al., 1:20-cv-02171-RM-
NYW due February 26, 2021; and is preparing for and taking several depositions at the end of
February in the matter of Harris v. Barnes, et al., No. 19-cv-00572-MEH.
9. Good cause exists for the granting of this motion. The request is not made for
purposes of delay and no party will be prejudiced by the requested relief.
WHEREFORE, Plaintiff respectfully requests that the Court grant his motion to modify
the scheduling order and extend expert disclosure deadlines by sixty days, and for any other
relief deemed just and proper.
Respectfully submitted this 5th day of February 2021.
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KILLMER, LANE & NEWMAN, LLP
s/ Helen Oh
________________________
Helen Oh
David A. Lane
1543 Champa Street, Suite 400
Denver, Colorado 80202
Phone: (303) 571-1000
hoh@kln-law.com
dlane@kln-law.com
Counsel for Plaintiffs
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CERTIFICATE OF SERVICE
I certify that on this 5th day of February 2021 I filed a true and correct copy of the
foregoing via CM/ECF which will generate e-mailed notice to the following:
Mark Ratner
Hall & Evans, LLC
1001 17th Street, Ste 300
Denver, CO 80202
303-628-3300
ratnerm@hallevans.com
Counsel for Defendant City of Fort Collins
Sean Slatton
Via e-mail
s/ Jamie Akard
Paralegal
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