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
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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
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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
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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