Loading...
HomeMy WebLinkAbout2023-cv-1797 - San Roman v. Nace, et al. - 030 - Stipulation Mot Amend Scheduling Order re Discovery Deadlines1 IN 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. ______________________________________________________________________________ STIPULATED MOTION TO AMEND SCHEDULING ORDER REGARDING DISCOVERY DEADLINES ______________________________________________________________________________ Plaintiffs and Defendants, by and through their undersigned counsel of record, hereby stipulate and move this honorable Court to amend the Scheduling Order regarding the discovery deadlines in this matter, and state as follows in support: CERTIFICATE PURSUANT TO D.C.COLO.L.CIVR 7.1(a) Counsel for Plaintiffs, Michael P. Fairhurst, certifies that he conferred via email with Mark Ratner, counsel for all Defendants, regarding the relief requested herein. Defendants stipulate to the relief sought herein. CERTIFICATE PURSUANT TO D.C.COLO.L.CIVR 6.1 Undersigned counsel for Plaintiffs and Defendants further certify that a copy of this Motion will be served contemporaneously on their clients by email. Case No. 1:23-cv-01797-CNS-JPO Document 30 filed 06/20/24 USDC Colorado pg 1 of 4 2 1. On November 6, 2023, this Court entered a Scheduling Order [Doc. 15]. 2. The deadlines in the original scheduling order were amended on April 3, 2024 [Doc. 27]. 3. The current deadlines are as follows: a. Affirmative Expert Deadline: June 21, 2024 b. Rebuttal Expert Deadline: July 26, 2024 c. Discovery Cut-Off: August 16, 2024 d. Dispositive Motions Deadline: September 20, 2024 4. The Parties respectfully request all discovery deadlines to be vacated and reset to later dates as detailed in this Motion. 5. Good cause exists for the Court to grant the deadline extensions sought herein. 6. The Parties have exchanged written discovery and taken the depositions of Sgt. Kyle Bendzsa and Cpl. Mindy Nace. 7. Further, the Parties had a discovery hearing on May 3, 2024 with Magistrate Judge O’Hara regarding Defendants’ request for a protective order for certain material and information requested by Plaintiffs in written discovery and through deposition testimony. 8. Those matters were resolved both prior to the hearing and by the Court. 9. Since that time, the Parties have been working diligently to narrow the scope of Plaintiffs’ requested Fed.R.Civ.P. 30(b)(6) topics and set the remaining depositions. 10. The Parties have also discussed the possibility of settlement through bilateral negotiation or more likely, formal mediation. 11. The Parties have now set the Rule 30(b)(6) depositions for August 27, 28, and Case No. 1:23-cv-01797-CNS-JPO Document 30 filed 06/20/24 USDC Colorado pg 2 of 4 3 September 4, 2024. 12. The depositions of the Plaintiffs are set for September 9 and 10. 13. The Parties are still working to schedule the final deposition requested by either party, Defendant Kevin Park. That is likely to be set in early-mid September, and several dates have been circulated that work for both law offices. 14. The information gathered in these depositions will be required by the Parties’ retained experts. Therefore, Parties believe that the affirmative expert deadline will need to be moved to 30 days after the last scheduled deposition, or October 11, 2024. 15. The Parties respectfully request that the deadlines in the Scheduling Order be amended as follows: a. Affirmative Expert Deadline: October 11, 2024. b. Rebuttal Expert Deadline: November 8, 2024. c. Discovery Cut-Off: November 22, 2024. d. Dispositive Motions Deadline: January 6, 2025. 16. These new deadlines will also necessitate vacating and resetting the final pretrial conference, which is currently set for December 11, 2024 at 9:00 a.m. The Parties can contact the Court if necessary by email to determine a new date. 17. A proposed order is attached hereto for the Court’s convenience. WHEREFORE, the Parties respectfully request that this Court grant this Motion and amend the Scheduling Order as stated above. DATED this 20th day of June 2024. Case No. 1:23-cv-01797-CNS-JPO Document 30 filed 06/20/24 USDC Colorado pg 3 of 4 4 KILLMER LANE, LLP s/ Michael P. Fairhurst Darold W. Killmer Michael P. Fairhurst 1543 Champa Street, Suite 400 Denver, CO 80202 (303) 571-1000 dkillmer@killmerlane.com mfairhurst@killmerlane.com Attorneys for Plaintiffs HALL & EVANS, LLC s/ Mark S. Ratner ___________________________ 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 Attorneys for Defendants CERTIFICATE OF SERVICE I hereby certify that on June 20, 2024 a copy of the foregoing will be served by email on the following: Mark S. Ratner, Esq. Hall & Evans, L.L.C. 1001 17th Street, Suite 300 Denver, CO 80202 Phone: 303-628-3300 Fax: 303-628-3368 ratnerm@hallevans.com Attorney for all Defendants KILLMER LANE, LLP s/ Jesse Askeland ___________________________ Case No. 1:23-cv-01797-CNS-JPO Document 30 filed 06/20/24 USDC Colorado pg 4 of 4