Free Amended Document - District Court of Colorado - Colorado

Case 1:00-cv-01841-LTB-KLM

Document 181

Filed 09/27/2006

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IN THE UNITED STATES DISTRICT COURT FOR THE STATE OF COLORADO

Civil Action No. 00-cv-01841-LTB-PAC RICKY EUGENE CLARK, on behalf of himself and all others similarly situated, Plaintiff, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, an Illinois corporation, Defendant.

PLAINTIFF'S CASE MANGEMENT PROPOSAL FOR FURTHER PROCEEDINGS IN CONNECTION WITH THE STATUS HEARING SET FOR SEPTEMBER 28, 2006

Plaintiff, Ricky Eugene Clark, on behalf of himself and all others similarly situated, by and through his attorneys of record, L. Dan Rector of Franklin D. Azar & Associates, P.C., and The Carey Law Firm, submit the following proposal for case management and further proceedings in this action, in anticipation of the status hearing set in this case for September 28, 2006. 1. On April 24, 2003, this Court adopted a proposal by State Farm regarding the That proposal included as its second and third elements the

future progress of this case.

following: whether the class as defined by Mr. Clark should properly be certified, and if necessary, the remedies to be awarded after the class certification proceedings have been completed. 2. In light of the Court's previous order on this case, it appears that this Court should

Case 1:00-cv-01841-LTB-KLM

Document 181

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now address whether this case should be certified as a class action; and, as a corollary to the certification issue, what discovery should be allowed prior to the filing of the Motion for Class Certification by the Plaintiff. 3. Discovery conducted in 2003 addressed some of the class certification issues, but

supplemental discovery is necessary to allow the Plaintiff to properly address the issues related to class certification. Accordingly, Plaintiff proposes that discovery be allowed as follows: A. A limit of 15 Written Interrogatories, 10 Requests for Production and 10 Requests for Admissions for each side. B. C. 4. Three oral depositions per side. A discovery cut-off of February 25, 2007.

Plaintiff Clark proposes a deadline of March 23, 2007, for the filing of the Motion

for Class Certification, with the Response due April 18, 2007, and a Reply due on May 8, 2007. 5. Plaintiff also requests that the Court set the motion for a hearing, and that it be

determined forty (40) days prior to that hearing whether the hearing will include the presentation of evidence by the parties. Respectfully submitted this 27th day of September, 2006. FRANKLIN D. AZAR & ASSOCIATES, P.C.

By:

s/L. Dan Rector________________________ L. Dan Rector 5536 Library Lane Colorado Springs, CO 80918 Telephone: (719) 527-8000 [email protected] THE CAREY LAW FIRM Robert B. Carey

Case 1:00-cv-01841-LTB-KLM

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Leif Garrison 2301 East Pikes Peak Colorado Springs, CO 80909 Telephone: (719) 635-0377 Attorneys for Plaintiff CERTIFICATE OF SERVICE (CM/ECF) I hereby certify that on this 27th day of September, 2006, 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: [email protected] [email protected] s/L. Dan Rector L. Dan Rector