HomeMy WebLinkAbout2021CV30429 - JAMES M. BELL-AVERA V. KARL L. ROHR and THE CITY OF FORT COLLINS - 023 - PLAINTIFF'S UNOPPOSED MOTION FOR EXTENSION OF TIME - EXPERT DISCLOSURESDISTRICT COURT, COUNTY OF LARIMER, COLORADO
Court Address: Larimer County Justice Center
201 LaPorte Avenue, Suite 100
Fort Collins, CO 80521
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JAMES M BELL AVERA
Plaintiff,
v.
KARL L ROHR et al,
Defendants.
Counsel for Plaintiff:
Emily Benight, #46465
FRANKLIN D. AZAR & ASSOCIATES, P.C.
14426 East Evans Avenue
Aurora, Colorado 80014
Phone:(303) 757-3300
Fax: (303) 759-5203
E-Mail: benighte@fdazar.com
Case Number: 2021CV030429
Division: 5A
PLAINTIFF’S UNOPPOSED MOTION FOR EXTENSION OF TIME TO SERVE
EXPERT DISCLOSURES PURSUANT TO C.R.C.P. 26(a)(2)
COMES NOW Plaintiff James M. Bell by and through his attorneys, Franklin D. Azar and
Associates, P.C. and pursuant to C.R.C.P. 6(b) and C.R.C.P. 12, moves this Court for an enlargement
of time to a date up to and including April 15, 2022, in which Plaintiff is to serve his expert
disclosures and, in support thereof, states as follows:
C.R.C.P. 121 § 1-15(8) Certification: Counsel for Plaintiff has conferred with counsel for
Defendant on March 24, 2021, via email, who is unopposed to the relief requested in this Motion.
1. Plaintiff’s Expert Disclosures are due to be served by March 15, 2022.
2. The parties have been discussing settlement informally and will continue to do so during
the 30-day extension.
3. The parties are hopeful of resolving the case informally.
4. As such, Plaintiffs request an enlargement of time up to and including April 15, 2022, in
which to serve their Expert Disclosures pursuant to C.R.C.P. 26(a)(2)(B).
5. Defendants would be allowed an additional thirty (30) days from the date of Plaintiff’s
endorsement of experts to serve their expert disclosures.
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6. Rebuttal expert deadline would be extended to June 3, 2022.
7. C.R.E. 702 motion deadline would be extended to June 10, 2022.
8. This is the first request Plaintiff has made for an enlargement of time.
9. The requested extension will not delay the case.
10. Plaintiff’s counsel asserts that good cause is shown by the foregoing.
11. This Motion is not filed for purposes of unnecessary delay, to prejudice the Defendant or
for any other improper purpose.
12. Plaintiff has not requested any other extensions in this case.
WHEREFORE, Plaintiff respectfully requests that this honorable Court grant this Unopposed
Motion For Extension of Time, thereby extending the deadline for disclosure of expert witnesses
through April 15, 2022. Defendant’s expert witness disclosure deadline shall be extended to May
12, 2022, and the rebuttal expert deadline shall be June 3, 2022. Furthermore, C.R.E.702 Shreck
motion deadline shall be extended to June 10, 2022.
Respectfully submitted this 25th day of February, 2022.
FRANKLIN D. AZAR & ASSOCIATES, P.C.
s/Emily N. Benight
Emily N. Benight #46465
ATTORNEYS FOR PLAINTIFF
CERTIFICATE OF SERVICE
I hereby certify that on February 25, 2022, a true and correct copy of the foregoing
PLAINTIFF’S MOTION FOR EXTENSION OF TIME TO SERVE EXPERT
DISCLOSURES PURSUANT TO C.R.C.P. 26(a)(2) was filed with the Court and served upon
the following via Colorado Courts E-filing System:
Attorneys for Defendant
John R. Duval, #10185
FORT COLLINS CITY ATTORNEY’S OFFICE
P.O. Box 580
3
Fort Collins, CO 80522
Phone: (970) 221-6520
Email: jduval@fcgov.com
Andrew W. Callahan, #52421 – acallahan@wicklaw.com
Julie M. Yates, #36393 – jyates@wicklaw.com
WICK & TRAUTWEIN, LLC
323 South College Avenue, Suite 3
Fort Collins, CO 80522
Phone & Fax Number: (970) 482-4011
s/Barbara A. Helit
Barbara A. Helit, Paralegal
helitb@fdazar.com