HomeMy WebLinkAbout2024CV30118 - City v. Horsetooth Convenience Center, et al - 33 - Motion for Extension Rebuttal Expert Disclosures
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DISTRICT COURT, LARIMER COUNTY, COLORADO
201 LaPorte Avenue, Suite 100
Fort Collins, Colorado 80521
(970) 494-3500
▲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; and IRENE JOSEY in her
official capacity as the COUNTY TREASURER OF
LARIMER COUNTY, COLORADO
Attorneys for 7-Eleven, Inc.
Carrie S. Bernstein, Atty Reg. #34966
Joshua T. Mangiagli, Atty Reg. #52375
ALDERMAN BERNSTEIN LLC
101 University Blvd., Suite 350
Denver, Colorado 80206
Phone: 720-460-4200
e-mail: csb@ablawcolorado.com; jtm@ablawcolorado.com
Case Number: 2024CV30118
Division: 4A
UNOPPOSED MOTION TO AMEND CASE MANAGEMENT ORDER TO EXTEND
DEADLINES FOR EXPERT REBUTTAL DISCLOSURES AND RESPONSES TO
PETITIONER’S DISCOVERY REQUESTS
Respondent 7-Eleven, Inc. (“7-Eleven”), by and through its counsel, Alderman Bernstein
LLC, submits this Unopposed Motion to Amend Case Management Order to Extend Deadlines for
Expert Rebuttal Disclosures Responses to Petitioner’s Discovery Requests and in support thereof
states as follows:
CERTIFICATE OF COMPLIANCE - C.R.C.P. 121(c) § 1-15(8): Undersigned counsel certifies
that he has conferred with counsel for Petitioner and Horsetooth Convenience Center, LLC
(“Respondent-Landowner”) regarding the relief requested in this Motion. Both counsel have
confirmed that their respective clients do not oppose the requested relief.
DATE FILED
November 5, 2024 1:26 PM
FILING ID: DAAED635E8D3F
CASE NUMBER: 2024CV30118
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1. On September 14, 2024, the Court granted a motion to amend the Case
Management Order, setting the date for rebuttal expert disclosures as November 5, 2024.
2. The parties are actively working toward potentially settling this case.
3. As such, 7-Eleven seeks to modify the Amended Case Management Order to extend
the deadline for rebuttal expert witness disclosures for all parties under C.R.C.P. 26(a)(2) by two
weeks, up to and including November 19, 2024.
4. Additionally, Petitioner served its First Set of Written Discovery on 7-Eleven and
Respondent-Landowner on October 2, 2024, making responses due by November 6, 2024.
5. 7-Eleven and Respondent-Landowner request an extension until November 19,
2024, to respond to Petitioner’s discovery requests.
WHEREFORE, 7-Eleven respectfully requests that the Court amend the Amended Case
Management Order, extending the deadline for expert rebuttal disclosures and responses to
Petitioner’s discovery requests to November 19, 2024. A proposed Order is submitted herewith.
Respectfully submitted,
ALDERMAN BERNSTEIN LLC
This document is e-filed per C.R.C.P. 121, section 1-
26. A duly signed copy is on file at the offices of
Alderman Bernstein LLC
By: /s/ Joshua T. Mangiagli
Joshua T. Mangiagli
Carrie S. Bernstein
ATTORNEYS FOR 7-ELEVEN, INC.
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CERTIFICATE OF SERVICE
I hereby certify that on this 5th day of November 2024, a true and correct copy of the
foregoing was filed and served via ICCES or placed in the United States Mail, first class, postage
prepaid, addressed to the following:
M. Patrick Wilson
Katharine J. Vera
Hoffman, Parker, Wilson & Carberry, P.C.
511 16th Street, Suite 610
Denver, Colorado 80202
Attorneys for City of Fort Collins
Sarah M. Kellner
Lindsey P. Folcik
Davis Graham & Stubbs LLP
1550 17th Street, Sute 500
Denver, CO 80202
Attorneys for Horsetooth Convenience Center, LLC
Frank N. Haug, Reg. No. 41427
Larimer County Attorney’s Office
224 Canyon Ave., Suite 200
Post Office Box 1606
Fort Collins, Colorado 80522
Attorneys for Larimer County Treasurer
_______/s/__________________________
Cindy Bolton