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Home My WebLink About2017CV30903 - ILSE WESTPHAL V. CITY OF FORT COLLINS, ET AL - 028 - JOINT MOTION TO CONTINUE MAY 7 2018 TRINITY HEARINGDISTRICT COURT, LARIMER COUNTY, COLORADO 201 LaPorte Avenue, Suite 100 Fort Collins, CO 80521-2761 Phone: 970-498-6100 ______________________________________________ Plaintiff: ILSE G. WESTPHAL v. Defendants: ANTHONY JOHN JANSA; JANSA TRUCKING, LLC, a Colorado Limited Liability Company; JANSA TRUCKING, LLC, a North Dakota Limited Liability Company; THE CITY OF FORT COLLINS, a Colorado municipal corporation ______________________________________________ Attorneys for Defendant City of Fort Collins Peter C. Middleton, Esq., #32335 HALL & EVANS, L.L.C. 1001 17th St., Suite 300 Denver, CO 80202 303-628-3300 303-628-3368 / Fax middletonp@hallevans.com John Duval, #10185 Deputy City Attorney City of Fort Collins 300 LaPorte Avenue Fort Collins, CO 80522-0580 970-416-2488 jduval@fcgov.com Attorneys for Plaintiff David M. Herrera, Esq., #12818 HERMS & HERRERA, L.L.C. 3600 South College Avenue, Suite 204 Fort Collins, CO 80525 970-498-9999 david@hhlawoffice.com ▲COURT USE ONLY▲ __________________________ Case No. 2017-CV-030903 Div. 3C 2 JOINT MOTION TO CONTINUE MAY 7, 2018, TRINITY HEARING AND FOR EXTENSION OF TRINITY DISCOVERY DEADLINE Defendant, City of Fort Collins, and Plaintiff, Isle G. Westphal, by and through their counsel, submits their Joint Motion to Continue May 7, 2018, Trinity Hearing and for Extension of Trinity Discovery Deadline, as follows: 1. C.R.C.P. 121 § 1-15(8) CONFERRAL: Undersigned counsel City Defendant certifies he has conferred via telephone conference with counsel for Anthony John Jansa, Jansa Trucking, LLC, a Colorado Limited Liability Company, and Jansa Trucking, LLC, a North Dakota Limited Liability Company (collectively, “Jansa Defendants”) pursuant to Rule 121 §1-15(8). Counsel for Co-Defendants indicated that Co-Defendants do not object to a hearing continuance or deadline extension. 2. On February 1, 2018, the Court entered a Preliminary Case Management Order, setting the matter for hearing pursuant to Trinity Broadcasting of Denver v. City of Westminster, 848 P.2d 916 (Colo. 1993) to address City of Fort Collins’ assertion of governmental immunity against Plaintiff’s claims. The Court scheduled the Trinity Hearing to take place on May 7, 2018, at 8:30 a.m. The Court scheduled the date for completion of all Trinity limited discovery on April 23, 2018. 3. Since that time, counsel for City of Fort Collins has responded to written discovery and engaged in extensive conferral efforts with Plaintiff’s Counsel to resolve outstanding discovery disputes. At present, disputes remain over certain discovery items which require additional conferral, including the scope of Plaintiff’s 30(b)(6) Notice of Deposition. Further, City of Fort Collins has supplemented its document production as part of these conferral efforts, and 3 Plaintiff’s counsel requires time to review that supplemental production before the Parties proceed with depositions. Counsel for the Parties have undertaken and continue to undertake these efforts in the midst of trial preparation for other matters and have made good faith progress toward the completion of Trinity discovery. 4. For such cause shown, Plaintiff and City of Fort Collins jointly and respectfully request the Court continue the May 7, 2018, Trinity Hearing, and the accompanying April 23, 2018, Trinity discovery cut-off date to allow Plaintiff and City of Fort Collins to resolve the remaining discovery disputes and complete depositions prior to the hearing. Based on the outstanding discovery to be completed and the upcoming trial schedules of counsel, the Parties seek a revised Trinity Hearing date within the timeframe of June 26 to June 29, 2018, and a revised Trinity discovery cut-off date of June 20, 2018. Alternatively, if the Court does not have availability to conduct the hearing within that proposed timeframe, counsel for the Parties request the Court allow a notice to set a new hearing date mutually agreeable to the Parties. 5. No party will be unfairly prejudiced by the granting of this request as this case is at its most infant stages. WHEREFORE, City of Fort Collins and Isle G. Westphal respectfully request a continuance of the May 7, 2018 Trinity hearing and extension of the Trinity discovery deadline. Dated: April 23, 2018 /s/ Peter C. Middleton Peter C. Middleton, Esq., #32335 of HALL & EVANS, L.L.C. ATTORNEYS FOR DEFENDANT CITY OF FORT COLLINS /s/ John R. Duval John R. Duval, Esq., #10185 4 Deputy City Attorney of City of Fort Collins ATTORNEY FOR DEFENDANT CITY OF FORT COLLINS /s/ David M. Herrera David M. Herrera, Esq., #12818 of HERMS & HERRERA, L.L.C. ATTORNEYS FOR PLAINTIFF ISLE G. WESTPHAL In accordance with C.R.C.P. 121 § 1-26(7), a printed copy of this document with original signatures is being maintained by the filing party and will be made available for inspection by other parties or the Court upon request. CERTIFICATE OF SERVICE I hereby certify that on this 23rd day of April, 2018, I electronically filed and served the foregoing JOINT MOTION TO CONTINUE MAY 7, 2018 TRINITY HEARING AND FOR EXTENSION OF TRINITY DISCOVERY DEADLINE via the Colorado Courts E-Filing system upon the following: David M. Herrera, Esq., #12818 HERMS & HERRERA, L.L.C. 3600 South College Avenue, Suite 204 Fort Collins, CO 80525 david@hhlawoffice.com Counsel for Plaintiff James M. Meseck, Esq., #33021 Joseph W. Mark, #48644 White and Steele, P.C. 600 17th Street, Suite 600N Denver, CO 80202 jmeseck@wsteele.com jmark@wsteele.com Counsel for Anthony J. Jansa and Jansa Trucking, LLC Original Signature on File s/ Rebecca Walker Rebecca Walker