HomeMy WebLinkAbout2023-cv-1342 - Cunningham V. City Of Fort Collins, Et Al. - 074 - Dfs' Joint Motion to Amend Scheduling Order
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 23-cv-01342-CNS-SBP
JESSE CUNNINGHAM,
Plaintiff,
v.
CITY OF FORT COLLINS and
JASON HAFERMAN
Defendants.
JOINT UNOPPOSED MOTION BY DEFENDANT JASON HAFERMAN AND
DEFENDANT THE CITY OF FORT COLLINS TO AMEND SCHEDULING ORDER
(ECF 37) REGARDING DISCOVERY DEADLINES
Jason Haferman (“Defendant Haferman”), and the City of Fort Collins (the “City”)
(collectively “Defendants”), by and through their undersigned counsel of record, hereby submit
their Joint Unopposed Motion to Amend Scheduling Order (ECF #37) Regarding Discovery
Deadlines and state as follows:
CERTIFICATION PURSUANT TO D.C.COLO.LCivR 7.1(a)
Undersigned counsel, Yulia Nikolaevskaya, conferred with Plaintiff’s counsel, Sarah
Schielke (“Ms. Schielke”), on November 13, 2024, concerning the relief requested in this Motion.
Ms. Schielke indicated that the Motion is Unopposed.
MOTION
1. This Court entered the Scheduling Order (ECF #37) on November 15, 2023.
2. Plaintiff filed a Motion to Amend Scheduling Order on May 28, 2024 (ECF #63),
which was granted by the Court.
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3. Parties jointly filed a Motion to Amend Scheduling Order on August 26, 2024 (ECF
#70), which was granted by the Court.
4. The current discovery deadlines are:
- Discovery cutoff & 702/704 motions 12/4/2024
- Dispositive motions deadline 1/13/2025
5. In addition to this matter, four (4) other related lawsuits are also pending against
the Defendants (Notice of Related Cases, ECF 2).
6. Defendants are requesting an extension of time as to the remaining litigation
deadlines.
7. The required extension is needed so Defendants can conduct a deposition of
Plaintiff’s expert witness, Dr. Platt.
8. Dr. Platt was disclosed by Plaintiff as an expert witness in this case on June 10,
2024.
9. On August 29, 2024, Plaintiff served rebuttal expert witness disclosures disclosing
Dr. Platt as rebuttal expert witness in the other three (3) related lawsuits pending against
Defendants. However, the served disclosures did not contain a rebuttal report by Dr. Platt. The
disclosures stated that the rebuttal report would be provided by September 3, 2024. Dr. Platt’s
report was not served or disclosed on September 3, 2024.
10. By October 17, 2024, Plaintiff withdrew the rebuttal expert witness designation of
Dr. Platt in the three (3) other related lawsuits pending against Defendants. Defendants wanted to
conduct a single deposition of Dr. Platt in all matters. Because the rebuttal expert witness
designation of Dr. Platt was not withdrawn until October 17, 2024 and Dr. Platt’s reports were not
Case No. 1:23-cv-01342-CNS-SBP Document 74 filed 11/14/24 USDC Colorado
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provided, Defendants could not schedule Dr. Platt’s deposition.
11. Parties attempted to schedule Dr. Platt’s deposition in December, however, Dr. Platt
and various counsel had limited availability. Parties were able to schedule Dr. Platt’s deposition
for January 10, 2025.
12. To accommodate the above and maintain adequate time for the rest of the discovery
and motions deadlines in this case, Defendants need to request an extension of the remaining
discovery deadlines. Defendants are requesting the following extension to the remaining discovery
cutoff and motions deadlines, which would result in new deadlines as follows:
- Discovery cutoff & 702/704 motions 2/7/2025
- Dispositive motions deadline 3/7/2025
13. The extension will not unduly delay these proceedings or otherwise interfere with
the administration of justice.
14. No party will be prejudiced by the relief sought herein.
15. Pursuant to D.C.COLO.LCivR 6.1(c), a copy of this Joint Unopposed Motion to
Amend Scheduling Order Regarding Discovery Deadlines will be served contemporaneously by
respective counsel on their respective client.
16. Counsel for Defendants hereby certify that no portion of this filing was drafted by
AI.
WHEREFORE, Defendants, for good cause shown above, respectfully request that this
Court enter an order granting an extension of time for the currently scheduled discovery deadlines,
as stated herein.
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Dated this 14th day of November, 2024.
SGR, LLC
/s/ Jonathan Abramson
Jonathan Abramson, Esq.
Yulia Nikolaevskaya, Esq.
3900 E. Mexico Ave., Suite 700
Denver, CO 80210
Telephone: 303-320-0509
Email: jabramson@sgrllc.com
jnikolaevskaya@sgrllc.com
Attorneys for Defendant Jason Haferman
HALL & EVANS
/s/ Mark Ratner
Mark Ratner, Esq.
1001 Seventeenth Street, Suite 300
Denver, CO 80202
Telephone: 303-628-3337
Email: ratnerm@hallevans.com
Attorney for Defendant City of Fort Collins
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CERTIFICATE OF SERVICE
I hereby certify that on the 14th day of November 2024, I electronically filed the foregoing
JOINT UNOPPOSED MOTION BY DEFENDANT JASON HAFERMAN AND
DEFENDANT THE CITY OF FORT COLLINS TO AMEND SCHEDULING ORDER
(ECF 37) REGARDING DISCOVERY DEADLINES with the Clerk of Court using the
CM/ECF system which will send notification of such filing to the following e-mail addresses:
Sarah Schielke
sarah@lifeandlibertylaw.com
Attorney for Plaintiff
and I hereby certify that I have mailed or served the document or paper to the following non -
CM/ECF participants in the manner (mail, hand delivery, etc.) indicated by the non-participant’s
name:
Defendant Jason Haferman
(c/o SGR, LLC; Attn: Jonathan M. Abramson, Esq.; jabramson@sgrllc.com)
By: s/Melissa A. Alexander
Legal Assistant
SGR, LLC
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