HomeMy WebLinkAbout2023-cv-1797 - San Roman v. Nace, et al. - 034 - Stipulated Motion to Amend Scheduling Order1
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.
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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], and further amended on June 20, 2024 [Doc. 32].
3. The current deadlines are 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
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. Since the last extension of the discovery deadlines, the Parties have taken the
depositions of Ofc. Kevin Park (September 5), three FRCP Rule 30(b)(6) witnesses for the City of
Fort Collins (August 27 and October 8), and both of the Plaintiffs (September 9 & 10).
7. Due to scheduling conflicts with the witness and counsel, a final Rule 30(b)(6)
deposition for the City of Fort Collins will be held on October 22, 2024.
8. Good cause exists for the extension of deadlines requested herein.
9. 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 35 days after the last scheduled deposition, or November 26, 2024, to allow any expert
witness the benefit of the deposition testimony to be considered in their opinions.
10. The Parties respectfully request that the deadlines in the Scheduling Order be
Case No. 1:23-cv-01797-CNS-JPO Document 34 filed 10/09/24 USDC Colorado pg 2 of 4
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amended as follows:
a. Affirmative Expert Deadline: November 26, 2024
b. Rebuttal Expert Deadline: January 3, 2025
c. Discovery Cut-Off: January 17, 2025
d. Dispositive Motions Deadline: February 17, 2025
11. These new deadlines will not affect the final pretrial conference, which is currently
set for May 6, 2025 at 9:00 a.m.
12. 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 9th day of October 2024.
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
Case No. 1:23-cv-01797-CNS-JPO Document 34 filed 10/09/24 USDC Colorado pg 3 of 4
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ratnerm@hallevans.com
Attorneys for Defendants
CERTIFICATE OF SERVICE
I hereby certify that on October 9, 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
___________________________
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