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HomeMy WebLinkAbout2019-cv-901 - Surat v. City of Fort Collins, et al. - 098 - DEFENDANT'S UNOPPOSED MOTION TO AMEND SCHEDULING ORDERIN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 19-cv-00901-WJM-NRN MICHAELLA LYNN SURAT, Plaintiff, v. RANDALL KLAMSER, in his individual capacity Defendant. _____________________________________________________________________ DEFENDANT’S UNOPPOSED MOTION TO AMEND SCHEDULING ORDER ______________________________________________________________________ Defendant RANDALL KLAMSER, in his individual capacity, by and through his counsel, Mark S. Ratner, Esq., Gillian Dale, Esq., and Brenden Desmond, Esq., of Hall & Evans, L.L.C., hereby submits the following Unopposed Motion to Amend the Scheduling Order as follows: CERTIFICATE OF COMPLIANCE WITH D.C.COLO.LCivR 7.1(A) Pursuant to D.C.COLO.LCivR 7.1(A), the undersigned counsel conferred with counsel for Plaintiff. Counsel for Plaintiff does not oppose the relief sought in this Motion. 1. The scheduling order in this matter provides for the following deadlines, as amended (ECF No. 61): • Discovery Cut-Off: June 3, 2020 • Dispositive Motion Deadline: June 29, 2020 2. The Parties are diligently pursuing discovery. To date, the depositions of Plaintiff, Defendant Randall Klamser, and Fort Collins Police Officer Garett Pastor have been conducted. The parties have also scheduled the depositions of Plaintiff’s expert, Case 1:19-cv-00901-WJM-NRN Document 98 Filed 05/12/20 USDC Colorado Page 1 of 4 2 Dan Montgomery and Plaintiff’s parents, and are in the process of scheduling a 30(b)(60 representative of the City of Fort Collins. 3. There are a number of additional depositions, however, which need to be scheduled including witnesses Michael Findlay and Cory Esslinger, as well as Plaintiff’s non-retained medical providers. The parties continue their efforts to coordinate schedules, including those of the medical care providers. However, due to the number of upcoming depositions, Defendant is requesting an additional 60-days with respect to the remaining discovery deadlines. 4. Defendant therefore requests the Scheduling Order to be amended as follows: • Discovery Cut-Off: August 3, 2020 (61 days – 60 days falls on a Sunday) • Dispositive Motion Deadline: August 28, 2020 5. The Defendant is requesting this extension as additional time is needed to conduct the discovery. It should be noted, however, that General Order 2020-8 has continued all civil trials through July 6, 2020. This matter is not yet set for trial, and therefore it is anticipated a 60-day modification of the existing dates will not result in a significant delay or prejudice to the parties. This request is also not made for the purposes of delay. 6. The Defendant has requested an extension of discovery deadlines one time previously – requesting an extension of expert disclosure deadlines. (ECF No. 90). Defendants also requested three extensions to respond to discovery requests. (ECF No. 65). The immediate request, however, if the first of its kind. Case 1:19-cv-00901-WJM-NRN Document 98 Filed 05/12/20 USDC Colorado Page 2 of 4 3 7. Pursuant to D.C.Colo.LCiv.R. 6.1(c), the undersigned counsel has served their client’s representative with a copy of this Motion as reflected on the accompanying certificate of service. 8. WHEREFORE, for all the foregoing reasons, Defendant respectfully requests the Court modify the Scheduling Order by extending the discovery cut-off and dispositive motion deadline by 60-days, and for entry of all other relief as this Court deems just and appropriate. Dated this 12 th day of May, 2020. Respectfully submitted, s/ Brenden Desmond Mark S. Ratner, Esq. Gillian Dale, Esq. Brenden Desmond, Esq. Hall & Evans, L.L.C. 1001 17 th Street, Suite 300 Denver, CO 80202 303-628-3300 Fax: 303-628-3368 ratnerm@hallevans.com daleg@hallevans.com desmondb@hallevans.com ATTORNEYS FOR DEFENDANTS CERTIFICATE OF SERVICE (CM/ECF) I HEREBY CERTIFY that on the 12 th day of May, 2020, I electronically filed the foregoing with the Clerk of Court using the CM/ECF system which will send notification of such filing to the following e-mail addresses: David Lane Andrew McNulty Helen S Oh Killmer, Lane & Newman, LLP 1543 Champa St, Suite 400 Case 1:19-cv-00901-WJM-NRN Document 98 Filed 05/12/20 USDC Colorado Page 3 of 4 4 Denver, CO 80202 303-571-1000 Phone 303-571-1001 Fax dlane@kln-law.com amcnulty@kln-law.com hoh@kln-law.com Attorneys for Plaintiff Randall Klamser, Defendant via Email s/ Elizabeth Musgrave, Legal Assistant of Hall & Evans, L.L.C. Case 1:19-cv-00901-WJM-NRN Document 98 Filed 05/12/20 USDC Colorado Page 4 of 4