Free Motion to Amend/Correct/Modify - District Court of Colorado - Colorado

Case 1:00-cv-02098-REB-MJW

Document 240

Filed 08/29/2007

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO

Civil Action No. 00-cv-02098-REB-MJW KELLY FINCHER, by her guardian, JAMES FINCHER, on behalf of herself and all others similarly situated, Plaintiffs, v. PRUDENTIAL PROPERTY AND CASUALTY INSURANCE COMPANY, a New Jersey Corporation, Defendant.

JOINT MOTION TO APPLY REB Civ. Practice Standard III.D.1. WITH REGARD TO EXCHANGE OF EXHIBITS AND FILING OF OBJECTIONS TO EXHIBITS

The Parties, by and through undersigned counsel, jointly move this Honorable Court for an Order applying the requirements of REB Civ. Practice Standard III.D.1. in this matter with regard to the time to exchange copies of the exhibits listed in the Fourth Amended Final Pretrial Order and objections thereto; and in support thereof, state as follows: 1. Pursuant to the Fourth Amended Final Pretrial Order dated August 14, 2007, and D.C.COLO.LCivR 16.3 and Appendix G, the parties are required to exchange copies of the exhibits listed in the pretrial Order, not later than five days following the final pretrial conference. The Final Pretrial Conference in this matter was held on August 14, 2007, and the parties are now required to exchange copies of the exhibits. In addition, the deadline to file objections contemplated by Fed. R. Civ. P. 26(a)(3) is August 31, 2007. 2. The Fourth Amended Final Pretrial Order dated August 14, 2007, lists 115 exhibits for Plaintiffs and 86 for Defendant. 3. There remain two unresolved substantive motions before the Court, Plaintiff's Motion For Reconsideration Of Findings Of Fact, Conclusions Of Law, & Orders Dated February 28, 2006, [document # 203] (fully briefed) and Defendant's

Case 1:00-cv-02098-REB-MJW

Document 240

Filed 08/29/2007

Page 2 of 3

Motion for Partial Summary Judgment [document # 212] (briefing in progress) which rulings would significantly affect the issues remaining for trial. 4. REB Civ. Practice Standard III.D.1 provides that:

Each party must premark all exhibits and provide a copy to opposing counsel or any pro se party before the hearing or trial pursuant to the order setting the hearing or the Trial Preparation Conference Order. Absent stipulation of the parties approved by the court, exhibits not timely exchanged before the hearing or trial will not be admitted. Any stipulation of fact should be marked and marshaled as an exhibit. (emphasis added). 5. The Trial Preparation Conference in this case is not set to take place until September 28, 2007. Due to the likelihood that rulings on the pending motions will affect both the number and volume of exhibits the parties anticipate as necessary for trial and the extent of the objections for the Court to consider, and given that the Court's practice standard would not require an immediate exchange of exhibits and objections thereto, the parties jointly request the Court to permit REB Civ. Practice Standard III.D.1. to govern the timing of exchanging copies of exhibits and filing objections per Fed. R. Civ. P. 26(a)(3). WHEREFORE, the parties seek an Order of this Court directing that instead of the schedule for exchange of and objections to exhibits provided by the Final Pretrial Order, the Parties are to provide a copy of all exhibits to opposing counsel no later than Monday, September 17, 2007, eleven days before the Trial Preparation Conference, with objections due no later than three days before the Trial Preparation Conference. Respectfully submitted this August 29, 2007. _By:__s/Leif Garrison_____________ Robert B. Carey Leif Garrison THE CAREY LAW FIRM 2301 East Pikes Peak Avenue Colorado Springs, CO 80909 _By:_s/Clifton J. Latiolais, Jr._________ Clifton J. Latiolais, Jr. CAMPBELL LATIOLAIS & RUEBEL PC 825 Logan Street Denver, CO 80203-3114

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Case 1:00-cv-02098-REB-MJW

Document 240

Filed 08/29/2007

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Steve W. Berman, WSBA #12536 HAGENS BERMAN, L.L.P. 1301 Fifth Avenue, Suite 2900 Seattle, WA 98101 L. Dan Rector
FRANKLIN D. AZAR & ASSOC., P.C.

Nathan L. Garroway Bruce C. Oetter BRYAN CAVE LLP One Metropolitan Square 211 North Broadway, Suite 3600 St. Louis, Missouri 63102-2750 Attorneys for Defendant

5536 Library Lane Colorado Springs, CO 80918 Attorneys for Plaintiffs

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