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HomeMy WebLinkAbout2018CV3112 - Sean Slatton V. Fort Collins Police Department, Todd Hopkins, Brandon Barnes And John Hutto - 133 - Joint Motion To Amend-Extend Discovery Cut-Off1 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, a municipality, Defendants. ______________________________________________________________________________ JOINT MOTION TO AMEND SCHEDULING ORDER TO EXTEND DISCOVERY CUT-OFF DEADLINE ______________________________________________________________________________ Plaintiff and Defendant, through counsel, David Lane and Tyrone Glover of KILLMER LANE & NEWMAN, LLP and Mark Ratner of HALL AND EVANS, L.L.C. hereby submit the following Joint Motion to Amend Scheduling Order to Extend Discovery Cut-Off, and in support thereof state: 1. The Scheduling Order as entered [ECF Doc. 119], sets forth the Discovery Cut-Off as June 10, 2021. On February 8, 2021, the Court granted Plaintiff’s Amended Unopposed Motion to Modify Scheduling Order to Extend Discovery Deadlines [ECF Doc. 122] and Ordered Discovery due by August 10, 2021. [ECF Doc. 124]. The parties now seek to amend the Scheduling Order to extend the Discovery Cut-Off by 41 days up to and including September 20, 2021. 2. The parties have been engaged in discovery, including the setting and completion of some Plaintiff and Defendant witness depositions. Despite these efforts, the parties have been unable to find available dates in their calendars to schedule the remaining Plaintiff and Defendant witness depositions before the Discovery Cut-Off. Case 1:18-cv-03112-RBJ-STV Document 133 Filed 08/10/21 USDC Colorado Page 1 of 4 2 3.The parties, however, have conferred and identified upcoming available dates to complete these remaining depositions. These dates are currently held on witness’s and counsel’s calendars and notice of the depositions is imminent. The dates are, however, outside of the Discovery Cut-Off. 4. In addition to the normal press of business, Plaintiff counsel Helen Oh, left Killmer Lane & Newman in April of 2021 and new counsel Tyrone Glover has needed to get up to speed on this matter in order to take and defend depositions. 5. An extension of the discovery cutoff would allow the parties time to schedule and complete their depositions. 6. Good cause exists for this requested extension. 7. This request is not made for purposes of delay. This request is joint and no party will be prejudiced by the relief requested herein. CERTIFICATION PURSUANT TO D.C.COLO.L.Civ.R 7.1 8.Plaintiff’s counsel conferred by email with Counsel for Defendant Mark Ratner who joins in this request. CERTIFICATION PURSUANT TO D.C.COLO. LCivR. 6.1(c) 9. Undersigned counsel certify that this motion will be served contemporaneously on their client upon filing of the motion. WHEREFORE, the parties respectfully request that the Court enter an order amending the Scheduling Order as described herein. DATED this 10nd day of August 2021. /s/ David Lane Tyrone Glover David Lane KILLMER, LANE & NEWMAN, LLP Case 1:18-cv-03112-RBJ-STV Document 133 Filed 08/10/21 USDC Colorado Page 2 of 4 3 1543 Champa Street, Suite 400 Denver, CO 80202 Phone: (303) 571-1000 Facsimile: (303) 571-1001 tglover@kln-law.com dlane@kln-law.com Counsel for Plaintiff /s/ Mark S. Ratner Mark S. Ratner Hall & Evans, L.L.C. 1001 17th Street, Suite 300 Denver, CO 80202 Phone: (303) 628-3300 Fax: (303) 628-3368 ratnerm@hallevans.com Counsel for Defendant Case 1:18-cv-03112-RBJ-STV Document 133 Filed 08/10/21 USDC Colorado Page 3 of 4 4 CERTIFICATE OF SERVICE I hereby certify that on August 10, 2021, I filed the foregoing via the CM/ECF system, which will send 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 the City of Fort Collins Sean Slatton Via email s/ Jamie Akard Paralegal KILLMER, LANE & NEWMAN, LLP Case 1:18-cv-03112-RBJ-STV Document 133 Filed 08/10/21 USDC Colorado Page 4 of 4