HomeMy WebLinkAbout2023-cv-1797 - San Roman v. Nace, et al. - 039 - Dfs' Unopp Mot Amend Scheduling ORder
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 1:23-CV-01797-CNS-TPO
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.
DEFENDANTS’ UNOPPOSED MOTION TO AMEND SCHEDULING ORDER
Defendants, Mindy Nace, Kyle Bendzsa, Kevin Park, and City of Fort Collins
(“Defendants”), by and through their undersigned counsel, Hall & Evans, LLC, hereby
submit the following Unopposed Motion to Amend the Scheduling Order as follows:
CERTIFICATE OF CONFERRAL
Counsel for Defendants conferred with Plaintiff’s Counsel prior to the filing of this
motion. Plaintiff does not oppose the relief requested herein. Therefore, this Motion is
unopposed.
STATEMENT PURSUANT TO D.C.Colo.LCivR 6.1(b) & (c)
The Defendants seek an extension of the Rebuttal Expert Disclosures deadline by
14 days. This is the first request made by the Defendants, to amend the Scheduling Order.
However, the Defendants joined in two other stipulated motions, seeking to amend the
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scheduling order: One on June 20, 2024 (ECF 30) and a second on October 9, 2024
(ECF 34). Both Motions were granted (See ECF 32 and 36, respectively). Additionally, a
copy of this Motion has been provided to the Defendants.
CERTIFICATE REGARDING A.I.
Undersigned Counsel certifies no portion of this Motion was drafted by artificial
intelligence.
I. INTRODUCTION AND ARGUMENT
Plaintiffs filed their Complaint on July 14, 2023 (“Complaint”), generally alleging a
violation of their First and Fourth Amendment constitutional rights, arising out of their
arrest on July 17, 2021.
The initial Scheduling Order was entered on November 6, 2023 (ECF 15). On April
4, 2024, Plaintiff filed an Unopposed Motion to Amend the Scheduling Order (ECF 25).
The Motion was granted the same day (ECF 27).
On June 20, 2024, the parties filed a Stipulated Motion to Amend the Scheduling
Order (ECF 30). The Motion was granted on the same day (ECF 32).
On October 9, 2024, the parties filed a Second Stipulated Motion to Amend the
Scheduling Order (ECF 34). The Motion was granted on the same day and provided for
the current deadlines in this matter as follows:
Affirmative Expert Disclosures: November 26, 2024;
Rebuttal Expert Disclosures: January 3, 2025;
Discovery Cutoff: January 17, 2025;
Dispositive Motions: February 17, 2025;
(ECF 36).
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According to the current scheduling order, the deadline for submission of rebuttal
expert disclosures, is due on January 3, 2025. Due to the holidays and other matters,
including undersigned Counsel’s attendance at a funeral on January 3, 2025, the
Defendants require an additional 14-days to address Plaintiff’s initial expert opinions, and
prepare rebuttal expert disclosures. The new proposed date is January 17, 2025.
Plaintiff will not be prejudiced by the new deadline, as the extension is mutual.
Wherefore, Defendants respectfully request the Court extend the rebuttal expert
deadline in the scheduling order to January 17, 2025.
Respectfully submitted this 31st day of December 2024.
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
ATTORNEY FOR DEFENDANTS
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CERTIFICATE OF SERVICE (CM/ECF)
I hereby certify that on the 31st day of December 2024, a true and correct copy of
the foregoing DEFENDANTS’ UNOPPOSED MOTION TO AMEND SCHEDULING
ORDER was filed with the Court via CM/ECF and served on the below-listed party by
email:
Darold W. Killmer, Esq.
dkillmer@killmerlane.com
Michael P. Fairhurst, Esq.
mfairhurst@killmerlane.com
Via email to: The City of Ft. Collins, Mindy Nace, Kyle Bendzsa, and Kevin Park
s/ Sarah Stefanick
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