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HomeMy WebLinkAbout2023-cv-1339 - Groves v. City of Fort Collins, et al - 064 - Plaintiff's Unopp Mot Amend Scheduling Order to Extend Discovery Deadlines 1 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 23-CV-01339-RM-STV DERRICK GROVES, Plaintiff, v. CITY OF FORT COLLINS, and JASON HAFERMAN, Defendants. PLAINTIFF’S UNOPPOSED MOTION TO AMEND SCHEDULING ORDER [ECF 63] TO EXTEND DISCOVERY DEADLINES Plaintiff Derrick Groves, by and through his attorneys, respectfully submits this Unopposed Motion to Amend Scheduling Order to Extend Discovery Deadlines, and in support of the same, states as follows: 1. The current upcoming deadlines pursuant to the Court’s March 8 minute order [ECF 63] are: a. April 26, 2024 for Plaintiff’s Affirmative Expert Disclosures b. May 28, 2024 for Defendants’ Affirmative and Rebuttal Disclosures c. June 25, 2024 for Plaintiff’s Rebuttal Disclosures d. July 22, 2024 Discovery Cut-off and 702 and 704 Motions e. August 30, 2024 Dispositive Motion Deadline 2. In addition to this matter, there are four other lawsuits against the Defendants also pending (Notice of Related Cases, ECF 2). Case No. 1:23-cv-01339-RM-STV Document 64 filed 04/26/24 USDC Colorado pg 1 of 3 2 3. A previous extension to these deadlines was sought and obtained across all 5 cases (of 20 days) due to extensions that Defendant Fort Collins had requested on providing their discovery responses (originally due March 11, believed at time of filing the previous motion for extension to be coming on March 27, ultimately received on April 8). 4. As indicated in the previous motion for extension, Plaintiff is expecting information in the discovery responses that he’d like his retained expert(s) to have the ability to review as part of producing their report(s) and formulating their opinion(s). Specifically, bodyworn camera videos. 5. Much of the bodyworn camera video that Plaintiff requested in discovery was produced on April 8. It took two days to download and the remaining handful of da ys ahead of the April 26 expert deadline (counsel was on family vacation for the first week of it) were ultimately not sufficient for undersigned counsel to review and then disseminate to the appropriate expert(s) for them to accomplish their own review of for their report(s). 6. Plaintiff proposes a 21-day extension to the expert disclosure and all other subsequent discovery and motions deadlines to accommodate this: a. May 17, 2024 for Plaintiff’s Affirmative Expert Disclosure b. June 18, 2024 for Defendants’ Affirmative and Rebuttal Disclosures c. July 16, 2024 for Plaintiff’s Rebuttal Disclosures d. August 12, 2024 Discovery Cut-off and 702 and 704 Motions e. September 20, 2024 Dispositive Motion Deadline Case No. 1:23-cv-01339-RM-STV Document 64 filed 04/26/24 USDC Colorado pg 2 of 3 3 7. Conferral: Counsel has conferred with counsel for Defendants and is authorized to state that they do not oppose the relief requested herein. 8. The extension will not unduly delay these proceedings or otherwise interfere with the administration of justice. No party will be prejudiced by the relief sought herein. WHEREFORE Plaintiff Derrick Groves, respectfully requests an extension to the discovery deadlines. Respectfully submitted this 25th day of April, 2024. /s/ Sarah Schielke Sarah Schielke The Life & Liberty Law Office LLC 1055 Cleveland Avenue Loveland, CO 80537 Telephone: (970) 493-1980 FAX: (970) 797-4008 Email: sarah@lifeandlibertylaw.com Attorney for Plaintiff Derrick Groves CERTIFICATE OF SERVICE This is to certify that on April 25, 2024, a true and accurate copy of the foregoing Motion has been sent to the following parties by PACER/ECF: Mark Ratner Robert Weiner Katherine Hoffman Hall & Evans, LLC Attorney for Defendants City of Fort Collins and Sergeant Allen Heaton Yulia Nikolaevskya Jonathan Abramson SGR, LLC Attorneys for Jason Haferman Derrick Groves Plaintiff /s/ Madie Baskin Madie Baskin, Paralegal for Sarah Schielke Case No. 1:23-cv-01339-RM-STV Document 64 filed 04/26/24 USDC Colorado pg 3 of 3