HomeMy WebLinkAbout2019-cv-901 - Surat v. City of Fort Collins, et al. - 098 - Defendant's Unopposed Motion To Amend Scheduling OrderIN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 19-cv-00901-WJM-NRN
MICHAELLA LYNN SURAT,
Plaintiff,
v.
RANDALL KLAMSER, in his individual capacity
Defendant.
_____________________________________________________________________
DEFENDANT’S UNOPPOSED MOTION TO AMEND SCHEDULING ORDER
______________________________________________________________________
Defendant RANDALL KLAMSER, in his individual capacity, by and through his
counsel, Mark S. Ratner, Esq., Gillian Dale, Esq., and Brenden Desmond, Esq., of Hall &
Evans, L.L.C., hereby submits the following Unopposed Motion to Amend the Scheduling
Order as follows:
CERTIFICATE OF COMPLIANCE WITH D.C.COLO.LCivR 7.1(A)
Pursuant to D.C.COLO.LCivR 7.1(A), the undersigned counsel conferred with
counsel for Plaintiff. Counsel for Plaintiff does not oppose the relief sought in this Motion.
1. The scheduling order in this matter provides for the following deadlines, as
amended (ECF No. 61):
• Discovery Cut-Off: June 3, 2020
• Dispositive Motion Deadline: June 29, 2020
2. The Parties are diligently pursuing discovery. To date, the depositions of
Plaintiff, Defendant Randall Klamser, and Fort Collins Police Officer Garett Pastor have
been conducted. The parties have also scheduled the depositions of Plaintiff’s expert,
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Dan Montgomery and Plaintiff’s parents, and are in the process of scheduling a 30(b)(60
representative of the City of Fort Collins.
3. There are a number of additional depositions, however, which need to be
scheduled including witnesses Michael Findlay and Cory Esslinger, as well as Plaintiff’s
non-retained medical providers. The parties continue their efforts to coordinate
schedules, including those of the medical care providers. However, due to the number
of upcoming depositions, Defendant is requesting an additional 60-days with respect to
the remaining discovery deadlines.
4. Defendant therefore requests the Scheduling Order to be amended as
follows:
• Discovery Cut-Off: August 3, 2020 (61 days – 60 days falls on a
Sunday)
• Dispositive Motion Deadline: August 28, 2020
5. The Defendant is requesting this extension as additional time is needed to
conduct the discovery. It should be noted, however, that General Order 2020-8 has
continued all civil trials through July 6, 2020. This matter is not yet set for trial, and
therefore it is anticipated a 60-day modification of the existing dates will not result in a
significant delay or prejudice to the parties. This request is also not made for the purposes
of delay.
6. The Defendant has requested an extension of discovery deadlines one time
previously – requesting an extension of expert disclosure deadlines. (ECF No. 90).
Defendants also requested three extensions to respond to discovery requests. (ECF No.
65). The immediate request, however, if the first of its kind.
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7. Pursuant to D.C.Colo.LCiv.R. 6.1(c), the undersigned counsel has served
their client’s representative with a copy of this Motion as reflected on the accompanying
certificate of service.
8. WHEREFORE, for all the foregoing reasons, Defendant respectfully
requests the Court modify the Scheduling Order by extending the discovery cut-off and
dispositive motion deadline by 60-days, and for entry of all other relief as this Court deems
just and appropriate.
Dated this 12
th
day of May, 2020.
Respectfully submitted,
s/ Brenden Desmond
Mark S. Ratner, Esq.
Gillian Dale, Esq.
Brenden Desmond, Esq.
Hall & Evans, L.L.C.
1001 17
th
Street, Suite 300
Denver, CO 80202
303-628-3300
Fax: 303-628-3368
ratnerm@hallevans.com
daleg@hallevans.com
desmondb@hallevans.com
ATTORNEYS FOR DEFENDANTS
CERTIFICATE OF SERVICE (CM/ECF)
I HEREBY CERTIFY that on the 12
th
day of May, 2020, I electronically filed the
foregoing with the Clerk of Court using the CM/ECF system which will send notification of
such filing to the following e-mail addresses:
David Lane
Andrew McNulty
Helen S Oh
Killmer, Lane & Newman, LLP
1543 Champa St, Suite 400
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Denver, CO 80202
303-571-1000 Phone
303-571-1001 Fax
dlane@kln-law.com
amcnulty@kln-law.com
hoh@kln-law.com
Attorneys for Plaintiff
Randall Klamser, Defendant
via Email
s/ Elizabeth Musgrave, Legal Assistant of
Hall & Evans, L.L.C.
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