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HomeMy WebLinkAbout2021CV30426 - City Of Fort Collins V. Aaron Million, Jordan Fox-Million; Million Agricultural Investments, Ltd., Arlo Richardson Aka Arlo Lee Richardson; The Pleasant Valley And Lake Canal Ditch Company - 067 - Pl's Mot Amend Deadlines1 District Court, Larimer County, Colorado 201 Laporte Avenue, Suite 100 Fort Collins, Colorado 80521 (970) 494-3500 Court Use Only Plaintiff: CITY OF FORT COLLINS, a Colorado home rule municipality, v. Defendants: AARON MILLION et al. Attorneys for Plaintiff Peter J. Dauster (#37139) Daniel M. St. John II (#46653) Johnson Muffly & Dauster, PC 323 South College Avenue, Suite 1 Fort Collins, Colorado 80524 Telephone: 970-482-4846; FAX: 970-482-3038 pdauster@nocolawgroup.com dstjohn@nocolawgroup.com Ingrid E. Decker (#28594) Senior Assistant City Attorney Fort Collins City Attorney’s Office 300 LaPorte Ave. Fort Collins, Colorado 80521 Telephone: 970-416-2553 Email: idecker@fcgov.com Case No. 21CV30426 Courtroom: 5B PLAINTIFF’S UNOPPOSED MOTION TO AMEND CASE MANAGEMENT DEADLINES Plaintiff City of Fort Collins (“City”), through its attorneys, submits its Motion to extend case management deadlines as follows: Rule 121 Conferral. Pursuant to C.R.C.P. 121, § 1-15, the undersigned states that he has conferred with Defendant Aaron Million, who indicates he and Defendant Jordan Fox-Million agree with the relief requested in this this Motion. 1. The current discovery deadlines are as follows: a. Plaintiff/claimant expert witness report deadline: November 4, 2022 b. Defendant/opposing party expert witness report deadline: November 4, 2022 c. Rebuttal/response expert report deadline: December 2, 2022 DATE FILED: November 3, 2022 4:40 PM FILING ID: 4E1BEBEC30977 CASE NUMBER: 2021CV30426 2 d. Close of discovery: November 15, 2022 2. The deadline for filing dispositive motions under C.R.C.P. 56 is November 7, 2022. 3. The alternate dispute resolution deadline is December 17, 2022. 4. This matter is set for a three-day bench trial beginning on February 6, 2022. 5. The parties previously requested extensions to the expert witness deadlines in order to facilitate settlement discussions without incurring additional costs for expert witness services. However, the parties have not been able to resolve this dispute informally. Although the parties will continue to explore settlement and will complete ADR as ordered by the Court, they must proceed with expert discovery. 6. The City’s expert witness requires additional time to prepare a report for this case. 7. Additionally, Mr. Million will be travelling in the weeks before Thanksgiving. 8. The parties also seek an extension to the dispositive motion deadline because it is likely that evidence from an expert witness may be necessary for any C.R.C.P. 56 motion. 9. The City and Mr. Million, after consultation, jointly request an extension to the disclosure deadlines and dispositive motions deadlines as follows: a. Plaintiff/claimant expert witness report deadline: November 28, 2022 b. Defendant/opposing party expert witness report deadline: November 28, 2022 c. Rebuttal/response expert report deadline: December 19 2022 d. Discovery deadline: December 19, 2022 e. Dispositive motion deadline under C.R.C.P. 56: December 7, 2022. 10. No parties will be prejudiced by this request. This request will not jeopardize the three-day court trial set to begin on February 6, 2022, or the parties’ ADR deadline. 3 DATED this 3rd day of November 2022. JOHNSON MUFFLY & DAUSTER, PC /s/Daniel M. St. John II* Peter J. Dauster (#37139) Daniel M. St. John II (#46653) Attorneys for City of Fort Collins FORT COLLINS CITY ATTORNEY’S OFFICE _/s/Ingrid E. Decker * Ingrid E. Decker (#28594) Senior Assistant City Attorney Attorneys for City of Fort Collins CERTIFICATE OF SERVICE THIS IS TO CERTIFY that on this 3rd day of November 2022, a true and correct copy of the above and foregoing PLAINTIFF’S UNOPPOSED MOTION TO AMEND CASE MANAGEMENT DEADLINES was served as follows: Ingrid Decker City Attorney’s Office 300 LaPorte Avenue Fort Collins, Colorado 80522 Co-Counsel for Plaintiff Via CCE Aaron Million 1436 West Oak Fort Collins, Colorado 80521 Via U.S. Mail and email to million_1@hotmail.com Jordan Fox-Million 3172 Stargazer Court Fort Collins, Colorado 80521 Via U.S. Mail and email to jordanfoxmillion@gmail.com /s/ Mariana Walters* For Johnson Muffly & Dauster, PC *ELECTRONICALLY FILED: Original signatures maintained pursuant to C.R.C.P. 121 Sec. 1-26 at the offices of Johnson Muffly & Dauster PC and available for inspection by the Court and other parties upon request.