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Home My WebLink About2021-cv-2063-CNS-MEH - City Of Fort Collins V. Open International, Et Al. - 121 - Stip Mot Re Rule 56 And Rule 702 MotionsIN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No.: 21-cv-02063-CNS-MEH CITY OF FORT COLLINS, Plaintiff/Counterclaim Defendant, v. OPEN INTERNATIONAL, LLC Defendant/Counterclaim Plaintiff, and OPEN INVESTMENTS, LLC, Defendant. STIPULATED MOTION REGARDING RULE 56 AND RULE 702 MOTIONS Plaintiff City of Fort Collins (the “City”) and Defendants Open International, LLC and Open Investments, LLC (collectively, “Open”), through their respective counsel, hereby submit this stipulation to (1) extend the filing deadline for any Rule 702 motion related to Open’s rebuttal damages expert to January 6, 2023, with opposition and reply briefs due January 20 and 30, respectively; (2) enlarge the page limits for summary judgment briefs to 30 pages for opening and opposition briefs and 15 pages for reply briefs; and (3) enlarge the page limits for Rule 702 briefs to 25 pages for opening and opposition briefs and 15 pages for reply briefs. In support of this Stipulated Motion, the parties state as follows: 1. On September 12, 2022, the parties submitted their first Stipulated Amendment to Scheduling Order [Dkt. 100]. Magistrate Judge Hegarty granted it on November 8, 2022, setting Case 1:21-cv-02063-CNS-MEH Document 121 Filed 12/15/22 USDC Colorado Page 1 of 4 2 the close of expert discovery for December 9, 2022, and the deadline to file Rule 702 motions for December 19, 2022. See Dkt. 107. 2. The parties worked diligently to schedule all expert depositions prior to (or as close as possible to) the close of expert discovery. However, due to the difficulties of coordinating the schedules of multiple experts and attorneys around the holidays, they have been unable to do so for one expert deposition. 3. The parties conferred and agreed to take the deposition of Open’s rebuttal damages expert, Peter Schulman, on December 30, 2022, as this was the first available date that worked for all parties and relevant experts. 4. Because the parties plan to take this deposition after the deadline to file Rule 702 motions has passed, they have agreed that the City should have until January 6, 2023 to file any Rule 702 motion for Open’s damages rebuttal expert. 5. Therefore, the parties hereby stipulate to the following amended dates: • The City shall be allowed to depose Open’s damages rebuttal expert, Mr. Schulman, on December 30, 2022; • The Rule 702 motion (if any), for the damages rebuttal expert, is due by January 6, 2023, with expedited briefing so that the opposition brief is due January 20, 2023 and the reply brief is due January 30, 2023. 6. Additionally, the parties have been engaged in discovery for roughly 15 months, which included the exchange of hundreds of thousands of documents and more than two dozen depositions, including four expert witnesses. 7. In preparing their Rule 56 and Rule 702 motions, the parties have worked diligently Case 1:21-cv-02063-CNS-MEH Document 121 Filed 12/15/22 USDC Colorado Page 2 of 4 3 to abide the Court’s new Individual Practice Standards but do not believe they can adequately brief those motions in accordance with the Court’s page-limit restrictions. 8. Therefore, the parties hereby stipulate to the following page-limit restrictions: • Rule 56 Motions: opening and opposition briefs of 30 pages, reply briefs of 15 pages. • Rule 702 Motions: opening and opposition briefs of 25 pages, reply briefs of 15 pages. 9. The parties respectfully request that the Court extend the briefing schedule for any Rule 702 motion regarding Open’s damages rebuttal expert and enlarge the page limits for Rule 56 and Rule 702 motions as set forth herein. Dated this 15 day of December, 2022. DORSEY & WHITNEY LLP HOLLAND & HART LLP s/ Case Collard Case Collard Andrea Ahn Wechter Maral J. Shoaei Nora O. Cooke 1400 Wewatta Street, Suite 400 Denver, CO 80202-5549 Telephone: (303) 629-3400 E-mail: collard.case@dorsey.com E-mail: wechter.andrea@dorsey.com E-mail: shoaei.maral@dorsey.com Email: cooke.nora@dorsey.com Attorneys for Plaintiff s/ Paul D. Swanson Alexander D. White Paul D. Swanson Alexandra E. pierce Anna C. Van de Stouwe 555 17th Street, Suite 3200 Denver, CO 80202 Telephone: (303) 295-8578 adwhite@hollandhart.com pdswanson@hollandhart.com aepierce@hollandhart.com acvandestouwe@hollandhart.com Attorneys for Defendants Case 1:21-cv-02063-CNS-MEH Document 121 Filed 12/15/22 USDC Colorado Page 3 of 4 CERTIFICATE OF SERVICE I hereby certify that on December 15, 2022, I caused the foregoing document to be electronically filed via CM/ECF system which will send notification of such filing to the following: Alexander D. White Paul D. Swanson Alexandra E. Pierce Anna C. Van de Stouwe HOLLAND & HART LLP 555 17th Street, Suite 3200 Denver, CO 80202 Telephone: (303) 295-8578 adwhite@hollandhart.com pdswanson@hollandhart.com aepierce@hollandhart.com acvandestouwe@hollandhart.com Attorneys for Defendants s/ Stacy Starr Dorsey & Whitney LLP Case 1:21-cv-02063-CNS-MEH Document 121 Filed 12/15/22 USDC Colorado Page 4 of 4