Free Motion for Extension of Time - District Court of Colorado - Colorado

Case 1:04-cv-01263-REB-KLM

Document 77

Filed 02/27/2006

Page 1 of 6

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO

Civil Action No. 04-cv- 1263- PSF- MEH
ROBERT M. FRIEDLAND

Plaintiff

TIC - THE INDUSTRIAL COMPANY and GEOSYNTEC CONSULTANTS , INC. flk/a GEOSERVICES , INC.

Defendants.
DEFENDANTS' JOINT UNOPPOSED MOTION FOR EXTENSION OF TIME TO SERVE EXPERT DISCLOSURES PURSUANT TO RULE 26(a)(2)
Defendants GeoSyntec Consultants , Inc. , formerly GeoServices , Inc.

("GeoSyntec ) and TIC - The Industrial Company ("TIC" ) move the Court for an
extension of time , to and including April 10 , 2006 , within which to serve their expert

disclosures pursuant to Fed. R. Civ. P. 26(a)(2). In support thereof , Defendants state as follows:

CERTIFICATE OF COMPLIANCE WITH D.

COLO. LCivR 7. 1(A)

Undersigned counsel hereby certify that they contacted Plaintiff's counsel to

confer regarding the extension requested herein. Plaintiff's counsel stated that Plaintiff
does not oppose this extension.

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Pursuant to the Scheduling Order entered in this case , Plaintiff Robert M.
Friedland ("Friedland" ) was required to designate his experts and make initial expert
disclosures on February 1

2006. On January 31

2006 , Friedland filed an Unopposed

Motion for Extension of Time to Submit Expert Reports , seeking an additional week to

make these disclosures. In conferring with Defendants ' counsel regarding this

extension , Friedland' s counsel agreed to grant the Defendants a corresponding
extension of time , to March 8 , 2006 , within which to submit their expert disclosures.

In compliance with the extended deadline , Friedland submitted his expert

disclosures on February 8 , 2006 , containing reports from two experts. By letter dated
February 10 ,

2006 , counsel for TIC requested that Friedland produce all of the materials

relied upon by the experts Friedland endorsed. GeoSyntec joined in this request.

On February 23 2006 , undersigned counsel received copies of the
documents relied upon by expert Kenneth Myers , who issued opinions regarding both

GeoSyntec s and TIC' s involvement at the Summitville site. Undersigned counsel
received the documents relied upon by Andy Davis , whose opinions focused on TIC'

role at the site , on February 24 , 2006.

Defendants ' experts require additional time , beyond March 8 , 2006 , to
review the documents that have just been produced , evaluate the opinions of Plaintiff's experts in light of the information relied upon , and prepare their own expert reports.

Accordingly, Defendants require an extension of time , to and including April 10 , 2006
within which to submit their expert disclosures.

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Pursuant to D.

Colo. LCivR 6. 1 (D), undersigned counsel have served a

copy of this Motion on their respective clients and on all counsel of record , as reflected
in the certificate of service below.

WHEREFORE , Defendants GeoSyntec Consultants , Inc. and TIC - The
Industrial Company respectfully request an order granting them an extension of time , to

and including April 1 0 , 2006 , within which to serve their expert disclosures pursuant to
Rule 26(a)(2), Fed. R. Civ. P.

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Respectfully submitted this 27th day of February, 2006.
Marian L. Carlson Marian L. Carlson
Terence M. Ridley
Wheeler Trigg Kennedy

sf

LLP

1801 California Street , Suite 3600

Denver, CO 80202- 2617
Telephone No. : 303-292-2525
Facsimile: 303- 294- 1879

Mail: carlson~wtklaw. com
Attorneys for Defendant GeoSyntec

Consultants , Inc.
and
sf

Colin C. Deihl

Colin C. Deihl
Faegre & Benson

LLP

3200 Wells Fargo Center
1700 Lincoln Street

Denver , CO 80203 Telephone: 303- 607- 3651 Facsimile: 303- 607- 3600 etrifJ/ettCCD.faeqre. com
E-mail:

Attorneys for Defendant
TIC

- The

Industrial Company

()
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CERTIFICATE OF SERVICE
I hereby certify that on February 27 , 2006 , I electronically filed the foregoing

Motion for Extension of Time to Serve Expert Disclosures with the Clerk of Court using the CMfECF system which will send notification of such filing to the following email

addresses:
. Lauren C. Buehler

Ibuehler~fognanilaw. com cvega~fognanilaw. com
. Marian Lee Carlson

Steven Matthew Kelso kelso~wtklaw. com hand~wtklaw. com

carlson~wtklaw. com carpenter~wtklaw. com
. Colin Christopher Deihl

cdeihl~faegre. com jsullivan~faegre. com
. Michael

Kristina I. Mattson kmattson~fognanilaw. com cvega~fognanilaw. com Richard Kirk Mueller rmueller~fognanilaw. com cvega~fognanilaw. com
Terence M. Ridley ridley~wtklaw. com norris~wtklaw. com

Stephen Freeman mfreeman~faegre. com
com

cdan iels~faegre. com dcopeland~faegre
and I hereby certify that a copy of the document has been served to the following nonCMfECF participant in the manner indicated by the non- participant' s name:
Paul J. Sanner
( ) First

Counsel for GeoSyntec Consultants , Inc. Hanson , Bridgett , Marcus 333 Market Street , #2100 San Francisco , CA 94105- 2122
, Vlahos & Rudy,

Class Mail Hand Delivery

LLP

( ) Facsimile

Overnight Delivery (X) E- Mail
(X) First Class Mail Hand Delivery
( ) Facsimile

Colin Reid Vice- President , General Counsel TIC - The Industrial Company 2211 Elk River Road O. Box 774848 Steamboat Springs , CO 80477

Overnight Delivery
( ) E- Mail

Case 1:04-cv-01263-REB-KLM

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sf

Marian L. Carlson by Cindy Carpenter
LLP

Marian L. Carlson
Wheeler Trigg Kennedy

1801 California Street , Suite 3600 Denver, CO 80202- 2617 Telephone No. : 303-244- 1800 Telecopier No. : 303- 244- 1879 Mail: carlson~wtklaw. com

Attorney for Defendant GeoSyntec Consultants , Inc.