HomeMy WebLinkAbout2021CV30613 - Joshua Holowczenko V. Lisa N. Butler, City Of Fort Collins, And Lori S. Martin - 026 - Order Re Amended Stipulated Proposed Order - Case ManagementDISTRICT COURT, LARIMER COUNTY,
STATE OF COLORADO
Larimer County Justice Center
201 LaPorte Avenue, Suite 100
Fort Collins, Colorado 80521-2761
(970) 494-3500
▲Court Use Only▲ Plaintiff: JOSHUA HOLOWCZENKO
v.
Defendants: LISA N. BUTLER, an individual, CITY OF
FORT COLLINS, a municipal corporation, and LORI S.
MARTIN, an individual.
Attorneys for Plaintiff:
LAW OFFICE OF MICHAEL FOSSENIER, LLC
Michael P. Fossenier, Esq., #17804
4100 E. Mississippi Avenue, 19th Floor
Denver, CO 80246
720-495-7029 Phone
720-223-3440 Fax
Email: mike@fozlaw.com
Jeremy Rosenthal #34538
Law Firm of Jeremy Rosenthal
4100 E Mississippi Avenue, Floor 19
Denver, Colorado 80246
Phone: (303) 825-2223
Fax: (303) 825-2224
E-mail: Jeremy@LFOJR.com
Case Number: 2021CV030613
Courtroom/Division: 3C
STIUPLATED CASE MANAGEMENT ORDER
Pursuant to C.R.C.P. 16(b), the parties have discussed and agreed to each item below and
hereby submit this Proposed Stipulated Case Management Order to the Court:
1. The “at issue date” is: September 17, 2021.
2. Responsible attorney’s name, address, phone number and email address:
DATE FILED: November 3, 2021 2:43 PM
CASE NUMBER: 2021CV30613
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Plaintiff:
Michael P. Fossenier, #17804
Law Office of Michael Fossenier, LLC
4100 E. Mississippi Avenue, #1900
Denver, CO 80222
Phone: (720) 495-7029
Fax: +1 (720) 223-3440
Email: mike@fozlaw.com
Jeremy Rosenthal, Esq.
Law Firm of Jeremy Rosenthal
4100 E. Mississippi Avenue, #1900
Denver, CO 80246
Phone: 303-825-2223
Fax: 303-825-2224
Email: jeremy@lfojr.com
Attorney for Plaintiff Lois Weiner
Co-Counsel for Defendants City of Fort Collins and Lisa N. Butler:
Andrew W. Callahan, Esq.
Julie M. Yates, Esq.
WICK & TRAUTWEIN, LLC
323 South College Avenue, Suite 3
Fort Collins, CO 80522
Phone & Fax Number: (970) 482-4011
Email: acallahan@wicklaw.com
jyates@wicklaw.com
John R. Duval, Esq.
Adam Stephens, Esq.
FORT COLLINS CITY ATTORNEY’S OFFICE
P.O. Box 580
Fort Collins, CO 80522
Phone: (970) 221-6520
Email: jduval@fcgov.com
adstephens@fcgov.com
Defendant Lori S. Martin
Cordia M. Perez, #52324
Stuart S. Jorgensen & Associates
11080 Circle Point Suite 400
Westminster, CO 80020
Telephone: (303) 657-2000
E-mail and FAX Number: Not Designated
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3. The lead counsel for each party, Jeremy Rosenthal, Cordia Perez, Andrew Callahan and
John Duval met and conferred by telephone concerning this Proposed Order and each of the issues
listed in Rule 16(b)(3)(A) through (E) on October 12, 2021 with counsel for Defendant Lori S.
Martin, and on October 6, 2021 for conferring with counsel for Defendants City of Ft. Collins and
Lisa N. Butler.
4. Brief description of the case and identification of the issues to be tried (not more than
one page, double- spaced, for each side):
Plaintiff:
On October 19, 2019, at approximately 11:17 a.m., Plaintiff Joshua Holowczenko was a
passenger on the municipal bus owned and operated by Defendant Ft. Collins and driven by
Defendant Butler. Defendant Butler was operating a Ft. Collins municipal bus while in the course
and scope of her employment with the City of Fort Collins. She was driving the bus southbound
on College Avenue in the left through-lane as it approached West Oak Street, when as she was
attempting to change lanes to her left, she negligently operated the bus by failing to keep a proper
lookout for vehicles ahead of her and carelessly failing to yield to conditions on the roadway in
front of her which she should have seen in the exercise of reasonable care, resulting in her driving
her bus into the rear passenger side of a motor vehicle operated by Defendant Martin, which had
improperly and negligently stopped abruptly in front of her, all of which resulted in causing
Plaintiff to sustain a fractured spine and other orthopedic injuries, harms and damages as further
alleged in his Complaint herein.
Defendant City of Ft. Collins and Lisa N. Butler:
Defendants deny that Ms. Butler was negligent and dispute the nature and extent of
Plaintiff’s claimed injuries and damages, if any. Defendants incorporate their responses and
defenses listed in their Answer.
Defendant Lori S. Martin:
Defendant Lori S. Martin disputes liability, causation and damages, if any. This Defendant
incorporates her responses and defenses listed in her Answer.
5. The following motions have been filed and are unresolved: None at this time.
6. Brief assessment of each party’s position on the application of the proportionality
factors, including those listed in C.R.C.P. 26(b)(1): The parties agree to the limits set forth for
depositions and discovery in C.R.C.P. 26 as appropriate.
7. The lead counsel for each party met and conferred concerning possible settlement. The
prospects for settlement are: the parties have agreed to conduct some initial discovery and then
consider potential early resolution.
8. Deadlines for:
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a. Amending or supplementing pleadings: (Not more than 105 days (15 weeks) from at
issue date.) December 31, 2021.
b. Joinder of additional parties: (Not more than 105 days (15) weeks from at issue date.)
December 31, 2021.
c. Identifying non-parties at fault: 30 days after Plaintiff has been deposed.
9. Deadline for parties to serving initial disclosures: October 28, 2021. Objections, if any,
about their adequacy: None at this time as they have not been completed, except by Plaintiff.
10. If full disclosure of information under C.R.C.P. 26(a)(1)(C) was not made because of
a party’s inability to provide it, provide a brief statement of reasons for that party’s inability and
the expected timing of full disclosures and completion of discovery on damages: N/A at this time.
11. Proposed limitations on and modifications to the scope and types of discovery,
consistent with the proportionality factors in C.R.C.P. 26(b)(1):
Number of depositions per party (C.R.C.P. 26(b)(2)(A) limit 2 of each adverse party + 2
others + experts per C.R.C.P. 26(b)(4)(A)).
Number of interrogatories per party (C.R.C.P. 26(b)(2)(B) limit of 30): 30.
Number of requests for production of documents per party (C.R.C.P. 26(b)(2)(D) limit of
20): 20.
Number of requests for admission per party (C.R.C.P. 26(b)(2)(E) limit of 20): 20.
Any physical or mental examination per C.R.C.P. 35: One physical Rule 35 exam allowed
per area of practice specialty for Plaintiff’s experts, for Defendant.
Any limitations on awardable costs: None.
State the justifications for any modifications in the foregoing C.R.C.P. 26(b)(2) limitations:
N/A.
12. Number of experts, subjects for anticipated expert testimony, and whether experts will
be under C.R.C.P. 26(a)(2)(B)(I) or (B)(II): Plaintiff anticipates calling one specially retained
medical expert and up to 3 (three) non-specially retained expert medical providers.
Defendants reserve the right to retain any expert necessary to rebut the expert opinion(s)
proffered by plaintiff in any specialty or sub-specialty which is beyond the scope of the Rule 35
examiner’s practice.
If more than one expert in any subject per side is anticipated, state the reasons why such
expert is appropriate consistent with proportionality factors in C.R.C.P. 26(b)(1) and any
differences among the positions of multiple parties on the same side:
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Plaintiff has undergone extensive medical care related to a spinal fracture which is
including emergency medicine, spinal orthopedics, pain management and physical therapy from a
number of medical providers for his conditions, which necessitates several experts being called, in
the fields of emergency medicine, orthopedics, chronic pain, physical therapy and associated
medical fields of practice.
Defendants jointly anticipate retaining a medical expert or medical experts in the same or
similar fields of care as those of Plaintiff.
For Defendant Lori S. Martin:
Defendant Lori S. Martin reserves the right to request a C.R.C.P. 25 Examination based
upon the claims being made by Plaintiff. While Defendant will not request more t han one Rule
35 Examination of the Plaintiff within a single area of medical expertise, given that Defendant
does not know the extent of the injury claims being made by Plaintiff, Defendant reserves the right
to request more than one Rule 35 Examination by more than one medical expert in differing areas
of medical expertise should discovery reveal that such is warranted.
Defendant Lori S. Martin anticipates C.R.C.P. 26(a)(2)(B)(I) expert(s) and C.R.C.P.
26(a)(2)(B)(II) expert(s). Defendant reserves the right to retain experts in the areas claimed to be
in issue, including potentially medical; accident reconstruction / biomechanics; economics; and
other such experts as deemed appropriate throughout the course of discovery.
For Defendants City of Ft. Collins and Lisa N. Butler
Defendants anticipate requesting at least one C.R.C.P 35 Examination by a retained
medical expert. Defendants also anticipated retaining an expert in biomechanical engineering.
Defendants reserve the right to retain rebuttal experts in any field in which plaintiffs produce
retained or non-retained expert testimony
13. Proposed deadlines for expert witness disclosure if other than those in C.R.C.P.
26(a)(2):
a. production of expert reports:
i. Plaintiff/claimant: February 17, 2022.
ii. Defendant/opposing party: March 17, 2022.
b. Production of rebuttal expert reports: April 7, 2022.
c. Production of expert witness files: Contemporaneously with reports.
State the reasons for any different dates from those in C.R.C.P. 26(a)(2)(C): N/A.
14. Oral Discovery Motions. The parties agree to follow local rules in these regards.
15. Electronically Stored Information. The parties do not anticipate needing to discover a
significant amount of electronically stored information. The following is a brief report concerning
their agreements or positions on search terms to be used, if any, and relating to the production,
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continued preservation, and restoration of electronically stored information, including the form in
which it is to be produced and an estimate of the attendant costs. None at this time.
16. Parties’ best estimate as to when discovery can be completed: 49 days prior to trial.
Parties’ best estimate of the length of the trial: 4 days. Trial will be set in a manner to be determined
by the Court.
17. Other appropriate matters for consideration: N/A.
DATED this 1st day of November, 2021.
Respectfully submitted,
LAW OFFICE OF MICHAEL FOSSENIER, LLC
/s/ Michael Fossenier
Michael Fossenier, Esq.
Attorney for Plaintiff
WICK & TRAUTWEIN, LLC
s/s Andrew W. Callahan
Andrew W. Callahan, Esq.
Julie M. Yates, Esq.
Co-Counsel for Defendants City of Fort Collins and Lisa N. Butler
FORT COLLINS CITY ATTORNEY’S OFFICE
/s/ John R. Duval
John R. Duval, Esq.
Co-Counsel for Defendants City of Fort Collins and Lisa N. Butler
STUART S. JORGENSEN & ASSOCIATES
/s/ Cordia M. Perez
Cordia M. Perez, Esq.
Attorneys for Defendant Lori S. Martin
IT IS HEREBY ORDERED that the foregoing, including any modifications made by the court, is
and shall be the Case Management Order in this case.
Dated this 3rd day of November, 2021.
________________________________
District Court Judge