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HomeMy WebLinkAbout2023-cv-1797 - San Roman v. Nace, et al. - 022 - Joint Status ReportIN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No.: 23-cv-01797-CNS-JPO ANGEL SAN ROMAN; and CARLOS LOPEZ, Plaintiffs, v. MINDY NACE, individually; KYLE BENDZSA, individually; KEVIN PARK, individually; and CITY OF FORT COLLINS, a municipality, Defendants. JOINT STATUS REPORT The Parties, by and through their undersigned counsel of record, pursuant to the Scheduling Order entered in this matter, hereby submit the following Joint Status Report, as follows: 1. Generally summarize each parties’ respective activities in discovery through the date of the Joint Status Report. Plaintiff served a first set of written discovery requests, including interrogatories, requests for production of documents, and requests for admissions on December 12, 2023, and Defendants answered those requests on January 25, 2024. Defendants have served the Plaintiffs with written discovery requests, including interrogatories and requests for production of documents on January 23, 2024. The Parties are currently in the process of scheduling the depositions of the Defendants and Plaintiffs, likely to take place beginning mid-February and into March. Case No. 1:23-cv-01797-CNS-JPO Document 22 filed 01/30/24 USDC Colorado pg 1 of 3 2 2. Alert the Court to any pending and unresolved discovery disputes, if any. Plaintiffs have not fully been able to review the documents and tangible items disclosed in response to Defendants’ discovery responses. If any disputes arise, the Parties will confer and, if necessary, bring the matter to the Court’s attention pursuant to the applicable practice standards of the Court. 3. Update the Court on the likelihood of settlement. Plaintiffs raised the possibility of settlement with Defendants pre-litigation and again during the 26(f) conference in this matter. Both times, Defendants stated that do not have the interest in meaningfully exploring the possibility of settlement at the time. WHEREFORE, the Parties request the Court accept this joint status report. DATED this 30th day of January 2024. APPROVED: s/ Michael P. Fairhurst s/ Mark S. Ratner _______________________ _________________________ Darold W. Killmer Michael P. Fairhurst KILLMER LANE, LLP 1543 Champa Street, Suite 400 Denver, CO 80202 (303) 571-1000 (303) 571-1001 fax dkillmer@killmerlane.com mfairhurst@killmerlane.com Attorneys for Plaintiffs Mark S. Ratner, Esq. Hall & Evans, L.L.C. 1001 17th Street, Suite 300 Denver, CO 80202 303-628-3300 /Fax: 303-628-3368 ratnerm@hallevans.com Attorney for Defendants CERTIFICATE OF SERVICE I hereby certify that on January 30, 2024, I served, via CM/ECF, the foregoing to the following: Mark S. Ratner, Esq. Hall & Evans, L.L.C. Case No. 1:23-cv-01797-CNS-JPO Document 22 filed 01/30/24 USDC Colorado pg 2 of 3 3 1001 17th Street, Suite 300 Denver, CO 80202 303-628-3300 /Fax: 303-628-3368 ratnerm@hallevans.com Attorney for Defendants. KILLMER LANE, LLP s/ Jesse Askeland ___________________________ Jesse Askeland Case No. 1:23-cv-01797-CNS-JPO Document 22 filed 01/30/24 USDC Colorado pg 3 of 3