HomeMy WebLinkAbout2019-cv-901 - Surat v. City of Fort Collins, et al. - 059 - PLAINTIFFS' MOTION TO MODIFY SCHEDULING ORDER1
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 19-cv-00901-NRN
MICHAELLA LYNN SURAT,
Plaintiff,
v.
RANDALL KLAMSER, in his individual capacity, and
CITY OF FORT COLLINS, a municipality,
Defendants.
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PLAINTIFFS’ MOTION TO MODIFY SCHEDULING ORDER [DOC. 41]
____________________________________________________________________________________
Plaintiff, by and through undersigned counsel, file their Unopposed Motion to Modify
Scheduling Order [Doc. 41], and in support thereof states as follows:
CONFERRAL STATEMENT PURSUANT TO D.C. Colo. L. Civ. R. 7.1
Undersigned Counsel for Plaintiffs certify that he conferred in good faith with Mark
Ratner, counsel for Defendants who indicated that Defendants do not oppose the relief requested
herein.
CERTIFICATION PURSUANT TO D.C. Colo. L. Civ. R. 6.1(c)
Counsel for Plaintiff certifies that this motion will be served contemporaneously on his
client upon the filing of this motion.
CURRENT DEADLINES AND CASE STATUS
1. Per the Scheduling Order entered in this case [Doc. 41], the current deadlines are
as follows:
a. Discovery cut-off: April 3, 2020;
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b. Deadline to file dispositive motions: April 24, 2020;
c. Deadline for Plaintiffs to designate affirmative experts: November 25, 2019
d. Deadline for Defendants to designate affirmative experts: January 6, 2020
e. Deadline to designate rebuttal experts: February 6, 2020;
2. Plaintiffs are diligently prosecuting their case and are continuing to engage in
discovery; however, Plaintiffs need additional time for all aspects of discovery. The parties are
in the process of setting depositions for January and February; however, no depositions have
been definitively set as of the filing of this motion. Both parties have submitted written
discovery requests; however, no responses have been submitted. Given this posture, it is
necessary for the parties to extend the deadline for expert reports until after discovery responses
have been submitted and at least the depositions of the parties have been taken, which requires
all discovery deadlines to be pushed back accordingly.
3. It is necessary to extend the discovery deadlines to allow the parties to complete
all necessary aspects of discovery effectively and have the necessary information to provide to
their experts.
4. Accordingly, Plaintiff is proposing the below discovery schedule:
a. Discovery cut-off: June 3, 2020;
b. Deadline to file dispositive motions: June 29, 2020;
c. Deadline for Plaintiff to designate affirmative experts: January 27, 2020;
d. Deadline for Defendants to designate affirmative experts: March 6, 2020;
e. Deadline to designate rebuttal experts: April 6, 2020;
5. It is believed the above schedule for discovery deadlines will allow the parties
enough time to complete the necessary aspects of discovery.
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6. Good cause exists for modifying the current Scheduling Order to extend
discovery cut-off and dispositive motions deadlines in accordance with the above proposed
schedule.
7. The requested extension will not unduly prejudice any party and is not requested
for improper purposes or to delay the case.
WHEREFORE, Plaintiff respectfully requests that this Honorable Court modify the
current Scheduling Order to extend the discovery deadlines as set forth above in the proposed
schedule, and for such other and further relief as the Court deems just and proper.
Respectfully submitted this 22nd
day of November 2019.
KILLMER, LANE & NEWMAN, LLP
__s/ Andrew McNulty
David Lane
Andrew McNulty
1543 Champa Street, Suite 400
Denver, Colorado 80202
Phone: (303) 571-1000
Facsimile: (303) 571-1001
dlane@kln-law.com
amcnulty@kln-law.com
Counsel for Plaintiff
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CERTIFICATE OF SERVICE
I certify that on this 22nd
day of November 2019 I filed a true and correct copy of the
foregoing MOTION TO AMEND SCHEDULING ORDER via CM/ECF which will serve the
following via E-Mail:
Mark Ratner
Christina Gunn
Hall & Evans, LLC
1001 Seventeenth Street, Ste 300
Denver, CO 80202
303-628-3492
ratnerm@hallevans.com
gunnc@hallevans.com
Counsel for Defendants
s/ Jamie Akard
Jamie Akard
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