HomeMy WebLinkAbout2018CV3204 - LORI FRANK V. CITY OF FORT COLLINS, TERENCE F. JONES AND JEROME SCHIAGER - 063 - UNOPPOSED MOTION BY DEFENDANT SCHIAGER TO MODIFY SCHEDULING ORDERIN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 18-cv-03204-RBJ-NRN
LORI FRANK,
Plaintiff,
v.
CITY OF FORT COLLINS, a municipality, and
JEROME SCHIAGER, former Deputy Chief of Police, in his individual capacity,
Defendants.
______________________________________________________________________
UNOPPOSED MOTION BY DEFENDANT SCHIAGER
TO MODIFY SCHEDULING ORDER
______________________________________________________________________
Defendant JEROME SCHIAGER, former Deputy Chief of Police, by his attorney,
David R. DeMuro of VAUGHAN & DeMURO, submits this unopposed motion to modify
the Scheduling Order (Doc. 28) in the manner previously approved by the Court at a
hearing on September 16, 2019. In support of this motion, this defendant states:
CERTIFICATION
Pursuant to D.C.COLO.LCivR 7.1(a), defendant Schiager’s counsel has conferred
with counsel for the other parties who agree with this motion and do not oppose it.
1. At the conclusion of the hearing before the Court on September 16, 2019,
on discovery issues, the parties addressed the need for 45 days of additional time to
complete expert disclosures, discovery and briefing of any dispositive motions. The Court
approved the parties’ request, but ordered that the trial date (presumably the final
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deadline dates just prior to trial) would not be affected. Attached to this motion as Exhibit
A is an excerpt from the transcript of the September 16, 2019, hearing where the Court
and the parties addressed this 45-day extension on limited matters.
2. Since the September 16, 2019, hearing, the parties have proceeded to
conduct pretrial matters based on the 45-day extension of several dates, but failed to
submit anything to the Court to memorialize the new dates, which is appropriate because
the new deadlines are an amendment to the Scheduling Order.
3. Therefore, defendant submits this unopposed motion to confirm the
adoption of the following new deadlines, each of which extends a deadline set forth in the
Scheduling Order by 45 days:
a. October 30, 2019 – deadline to designate experts;
b. November 29, 2019 – deadline to designate rebuttal experts;
c. December 15, 2019 – discovery cut-off;
d. January 30, 2020 – deadline to file dispositive motions;
e. February 25, 2020 – deadline to file response to dispositive motions;
f. March 13, 2020 – deadline to file reply on dispositive motions.
4. This motion does not affect any of the dates in April and May, 2020,
previously set by this Court in the Scheduling Order or in the Court’s civil trial standards,
including the Trial Preparation Conference at 1:30 p.m. on April 24, 2020, and the Jury
Trial that is set to commence at 9:00 a.m. on May 18, 2020.
WHEREFORE, Defendant Schiager requests that this Court enter an order
granting this motion and thereby amending the Scheduling Order.
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Respectfully submitted,
Date: November 22, 2019 s/ David R. DeMuro
David R. DeMuro
VAUGHAN & DeMURO
720 South Colorado Boulevard
Penthouse, North Tower
Denver, CO 80246
303-837-9200 (phone)
ddemuro@vaughandemuro.com (e-mail)
ATTORNEY FOR DEFENDANT SCHIAGER
CERTIFICATE OF SERVICE
I hereby certify that on this 22
nd
day of November, 2019, 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:
Jennifer Robinson
jrobinson@raemployment.com
Robert M. Liechty
rliechty@crossliechty.com
Cathy Havener Greer
cgreer@warllc.com
Kathryn Anne Starnella
kstarnella@warllc.com
Jenny Lopez Filkins
jlopezfilkins@fcgov.com
Sara Ludke Cook
scook@vaughandemuro.com
and I hereby certify that the foregoing was placed in the U.S. Mail, postage prepaid, and
addressed to the following:
[none]
s/ David R. DeMuro
David R. DeMuro
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