HomeMy WebLinkAbout2024CV30118 - City v. Horsetooth Convenience Center, et al - 28 - Unopposed Motion to Amend Case Management Order1
9/13/2024
Q:\USERS\FORT COLLINS\CONDEMNATION\7-ELEVEN\PLEADINGS\UNOPPOSED MOTION TO AMEND CMO.PW.DOCX
DISTRICT COURT, LARIMER COUNTY, COLORADO
201 LaPorte Ave., Suite 100, Fort Collins, Colorado 80521
▲COURT USE ONLY▲
Petitioner: CITY OF FORT COLLINS, a Colorado home
rule municipality,
v.
Respondents: HORSETOOTH CONVENIENCE CENTER,
LLC, a Colorado limited liability company; 7-Eleven Inc., a
Texas corporation;
M. Patrick Wilson, No. 26303
Katharine J. Vera, No. 53995
Hoffmann, Parker, Wilson & Carberry, P.C.
511 16th Street, Suite 610
Denver, Colorado 80202
Telephone: 303-825-6444
Division: 4
UNOPPOSED MOTION TO AMEND CASE MANAGEMENT ORDER FOR
ENLARGEMENT OF TIME TO MAKE EXPERT DISCLOSURES
Petitioner, City of Fort Collins (the "City") by and through its undersigned counsel, submit
this Unopposed Motion to Amend Case Management Order and in support thereof states as
follows:
1. The City seeks to modify the Case Management Order’s deadlines for expert
witness and rebuttal expert witness disclosures under C.R.C.P. 26(a)(2) and to extend those
deadlines by one week (7 days).
2. Undersigned counsel represents to the Court that he has conferred with counsel for
Respondents concerning this Motion. Counsel for Respondents have stated that their clients do
not oppose the relief requested herein.
DATE FILED
September 13, 2024 11:21 AM
FILING ID: EA8172CFE6AAE
CASE NUMBER: 2024CV30118
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Q:\USERS\FORT COLLINS\CONDEMNATION\7-ELEVEN\PLEADINGS\UNOPPOSED MOTION TO AMEND CMO.PW.DOCX
3. On May 30, 2024, the Court entered the parties’ proposed Case Management Order
(the "CMO") governing pretrial deadlines in this matter. On August 26, 2024 the Court set this
matter for a valuation trial for March 11, 2025 through March 14, 2025. A voir dire of
commissioners is set for October 25, 2024.
4. Based upon this trial date and the terms of the CMO, the parties’ current expert
disclosure deadline is September 17, 2024, with rebuttal expert disclosures due on October 29,
2024.
5. An additional seven (7) days is necessary to complete the expert disclosures.
Accordingly, the Court is asked to modify the CMO to extend the deadlines for expert disclosures
as follows:
a) Expert Disclosures Deadline (all parties): on or before September 24, 2024.
b) Rebuttal Expert Disclosure Deadline (all parties): on or before November 5, 2024.
6. Other terms and deadlines in the CMO would not be affected if this Motion is
granted.
WHEREFORE, Petitioner respectfully requests that the Court amend the CMO as set forth
above. A proposed order is submitted herewith.
Dated this 13th day of September, 2024.
HOFFMANN, PARKER, WILSON &
CARBERRY, P.C.
By: /s/ M. Patrick Wilson
M. Patrick Wilson
ATTORNEYS FOR PETITIONER CITY
OF FORT COLLINS
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CERTIFICATE OF SERVICE
The undersigned hereby certifies that on this 13th day of September 2024, a true and
correct copy of the foregoing UNOPPOSED MOTION TO AMEND CASE
MANAGEMENT ORDER was served on the following via the Colorado Courts E-Filing
System, electronic mail and/or U.S. Mail on the following:
Sarah M. Kellner
Lindsey P. Folcik
DAVIS GRAHAM & STUBBS LLP
1550 17th Street, Suite 500
Denver, Colorado 80202
Telephone: 303.892.9400
Email: sarah.kellner@dgslaw.com
lindsey.folcik@dgslaw.com
Attorneys for Respondent Horsetooth Convenience Center, LLC
Carrie S. Bernstein
Joshua T. Mangiagli
ALDERMAN BERNSTEIN LLC
101 University Blvd., Suite 350
Denver, Colorado 80206
Phone: 720-460-4200
E-mail: csb@ablawcolorado.com;
jtm@ablawcolorado.com
Attorneys for 7-Eleven, Inc.
/s/ Erica Smith
Paralegal