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Home My WebLink About2021-cv-2063-CNS-MEH - City Of Fort Collins V. Open International, Et Al. - 040 - Joint Mot Modify Scheduling Order IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No.: 21-cv-02063-DDD-NYW CITY OF FORT COLLINS, Plaintiff/Counterclaim Defendant, v. OPEN INTERNATIONAL, LLC Defendant/Counterclaim Plaintiff, and OPEN INVESTMENTS, LLC, Defendant. JOINT MOTION TO MODIFY THE SCHEDULING ORDER The parties, through their respective undersigned counsel, hereby jointly and respectfully move this Court to modify the expert discovery and motion deadlines set forth in the Court’s scheduling order, ECF No. 37. Currently, affirmative expert designations/reports are due on June 17, 2022, rebuttal designations/reports are due on July 19, 2022, and fact discovery closes August 19, 2022. The parties do not seek to modify the deadline for the close of fact discovery, but extraordinary circumstances justify an adjustment to the expert and related deadlines—namely, the unavailability of a key third-party witness until mid-July, cumbersome document review and related discovery disputes that the parties have been working to resolve, and the expected birth of children in July for two of the undersigned attorneys. Case 1:21-cv-02063-DDD-NYW Document 40 Filed 05/04/22 USDC Colorado Page 1 of 5 2 Since the prior adjustment to the case schedule on February 28, 2022, the parties have moved document discovery forward diligently. In March the parties completed their conferral on search terms to cull massive amounts of electronically stored information. Even after extended conferral and winnowing of terms, each party has been engaged reviewing over 100,000 documents for potential production. Despite the efforts of both parties, the document productions are not complete and will continue through May. Additionally, several discovery disputes have arisen related to document discovery, but the parties are continuing to attempt to resolve them without the Court’s assistance. With regard to depositions, though the parties would prefer to have the document productions complete (or substantially complete) prior to taking depositions, in an attempt to keep moving the case forward, Open has already sought the deposition of a key witness and issued four third-party subpoenas. While checking on availability of the key witness (a retired executive with the City), the parties learned he has a long-planned summer trip starting next week and lasting until July. These developments have prevented and will prevent the parties from adequately preparing to exchange expert discovery as currently scheduled in June, more than two months before the close of fact discovery. The parties agree that fulsome technical and damages expert reports will require substantial completion of document productions and depositions. Moreover, two of the undersigned counsel are expecting childbirths in July that, while certainly anticipated, would further hinder the parties from completing fact depositions and expert reports simultaneously in July and August, as the developments described above would require. Case 1:21-cv-02063-DDD-NYW Document 40 Filed 05/04/22 USDC Colorado Page 2 of 5 3 The parties are fully prepared to conclude fact discovery by the discovery deadline on August 19 and do not seek to extend fact discovery, but in order to streamline the issues, and avoid the need for re-taking depositions after more documents are produced or submitting amended expert reports after depositions are taken, the parties believe moving the expert deadlines after the close of fact discovery will best serve judicial efficiency and minimize costs to the parties. Therefore, the parties respectfully request a modest extension so that the parties may serve expert reports following the resolution of fact discovery and more fully utilize the entire fact discovery period. The Parties’ proposed modifications are below: Current Deadline Proposed Deadline Affirmative expert disclosures June 17, 2022 September 9, 2022 Rebuttal expert disclosures July 19, 2022 October 7, 2022 Close of fact discovery August 19, 2022 Unchanged (August 19, 2022) Close of expert discovery n/a October 28, 2022 Rule 702 motions August 19, 202 November 4, 2022 Dispositive motions September 16, 2022 November 18, 2022 This motion is made in good faith and not for purposes of delay. The requested extension will not prejudice any party. In accordance with D.C.COLO.LCivR 6.1(c), the undersigned certify that this motion is being served on their respective clients contemporaneously with the filing hereof. Case 1:21-cv-02063-DDD-NYW Document 40 Filed 05/04/22 USDC Colorado Page 3 of 5 4 Respectfully submitted this 4th day of May, 2022 DORSEY & WHITNEY LLP HOLLAND & HART LLP /s/ Case Collard /s/ Paul D. Swanson Case Collard Paul D. Swanson Andrea Ahn Wechter Hannah E. Armentrout Maral J. Shoaei Anna C. Van de Stouwe 1400 Wewatta Street, Ste. 400 Alexander White Denver, Colorado 80202 555 17th Street, Suite 3200 Telephone: (303) 629-3400 Denver, Colorado 80202 Facsimile: (303) 629-3450 (303) 295-8578 Email: collard.case@dorsey.com (303) 416-8814 wechter.andrea@dorsey.com Email: pdswanson@hollandhart.com shoaei.maral@dorsey.com hearmentrout@hollandhart.com acmatejcek@hollandhart.com adwhite@hollandhart.com Counsel for Plaintiff Counsel for Defendants Case 1:21-cv-02063-DDD-NYW Document 40 Filed 05/04/22 USDC Colorado Page 4 of 5 5 CERTIFICATE OF SERVICE I hereby certify that on May 4, 2022, I caused the foregoing document to be electronically served via CM/ECF system which will send notification of such filing to the following: Alexander D. White Paul D. Swanson Hannah E. Armentrout Anna Matejcek HOLLAND & HART LLP 555 17th Street, Suite 3200 Denver, Colorado 80202 (303) 295-8578 (303) 416-8814 Email: adwhite@hollandhart.com pdswanson@hollandhart.com hearmentrout@hollandhart.com amatejcek@hollandhart.com Attorneys for Defendants s/Stacy L. Starr Dorsey & Whitney LLP Case 1:21-cv-02063-DDD-NYW Document 40 Filed 05/04/22 USDC Colorado Page 5 of 5