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

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

Document 294

Filed 08/24/2007

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 04-cv-1263-PSF-KLM ROBERT M. FRIEDLAND, Plaintiff, v. TIC ­ THE INDUSTRIAL COMPANY; CONVEYOR ENGINEERING, INC.; GEOSYNTEC CONSULTANTS INC. f/k/a GEOSERVICES, INC. Defendants.

STIPULATED MOTION FOR EXTENSION OF TIME TO FILE OBJECTIONS CONTEMPLATED BY FEDERAL RULE OF CIVIL PROCEDURE 26(a)(3)

Plaintiff Robert M. Friedland, Defendant TIC ­ The Industrial Company and Defendant GeoSyntec Consultants Inc, f/k/a Geoservices, Inc., pursuant to D.C. Colo. L.R. 6.1, respectfully submit this Stipulated Motion for Extension of Time to File Objections Contemplated by Federal Rule of Civil Procedure 26(a)(3), in support of which they state as follows. 1. Consistent with D.C. Colo. L.R. 7.1(A), counsel for all parties stipulate to the

relief requested in this motion. 2. The Court approved and filed the Final Pretrial Order in this action on May 11,

2007. (Doc. 278). 3. Section 7 of the Final Pretrial Order states, "[f]inal exhibit lists and copies of

listed exhibits must be provided to opposing counsel not later that 30 days after the final pretrial conference [June 11, 2007]. The objections contemplated by Fed. R. Civ. P. 26(a)(3) shall be

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filed with the clerk and served by hand delivery or facsimile no later than 20 days after the exhibits are provided [June 28, 2007]." Final Pretrial Order at p.12, (Doc. 278). 4. Prior to the trial setting in this action this Court entered a Minute Order, "granting

Defendants' Stipulated [283] Motion for Extension of Time to File Objections Contemplated by FRCP 26(a)(3). Deadline for objections reset to 8/27/07, deadline for submission of final exhibit list, due 10/15/07, by Magistrate Judge Michael E. Hegarty on 6/28/07." Minute Order, (Doc. 285). 5. Subsequent to the entry of that Minute Order a trial date was set for this case. The

trial to the Court is currently set for four weeks commencing September 29, 2008. (Doc. 290). 6. Given the fact trial is now scheduled approximately one year from the existing

deadline to file objections contemplated by Fed. R. Civ. P. 26(a)(3) and the deadline for submission of a final exhibit list currently in place, the parties believe the interests of efficiency of effort and litigation cost would best be served by a further adjustment of those deadlines. 7. The parties have already exchanged exhibit lists and copies of exhibits as

contemplated by the Final Pretrial Order. 8. Due to the complex nature of this case, the exhibit list in this action currently

includes approximately 1,352 separate exhibits. 9. The parties have worked together to eliminate duplication of exhibits. In addition,

the parties have agreed to meet and confer in good faith on possible objections to the exhibits designated in an effort to minimize any objections that must be submitted to the court pursuant to Fed. R. Civ. P. 26(a)(3).

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10.

However, to complete the process of reviewing all of the exhibits and determining

objections this far in advance of trial would necessitate the added expense of revisiting those exhibits in order to prepare for trial. Moreover, with several motions for summary judgment fully briefed but still pending, the exhibit list that would result at this time is likely to be much larger than a list finalized closer to the time of trial. These issues would add an additional expense to this litigation that could be avoided through an adjustment of the current schedule. 11. In order to facilitate the cooperative efforts discussed above and to address the

realities of the schedule in this action, the parties hereby request that the deadline for objections contemplated by Fed. R. Civ. P. 26(a)(3) be extended from August 27, 2007 to the earlier of July 1, 2008 or ninety (90) days prior to the trial of this case. In addition, the parties request the deadline for submission of a final exhibit list, including all objections that could not be resolved by agreement of the parties, be submitted to the trial court the earlier of August 15, 2008 or forty-five (45) days prior to the trial of this case. (The alternative language in each deadline is suggested because the trial of this matter could be moved to an earlier date.) 12. The Parties' request for extension is made in the interests of justice, and is not

sought for purposes of unjust delay. WHEREFORE, for the foregoing reasons, the Parties respectfully request that the Court extend to the earlier of July 1, 2008 or ninety (90) days prior to the trial of this case, the deadline to file and serve all objections contemplated by Fed. R. Civ. P. 26 (a)(3) and extend to the earlier of August 15, 2008 or forty-five (45) days prior to the trial of this case the deadline for submission of a final exhibit list.

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RESPECTFULLY SUBMITTED this 24th day of August, 2007.

s/ Perry L. Glantz, Esq. Perry L. Glantz, Esq. Fritz W. Ganz, Esq. Fognani & Faught, PLLC 1700 Lincoln Street, Suite 2222 Denver, CO 80203 Telephone No.: 303-382-6200 Attorneys for Plaintiff Robert M. Friedland

s/ Colin Deihl, Esq. Colin Deihl, Esq. Eric Triplett, Esq. Faegre & Benson, LLP 1700 Lincoln Street, Suite 3200 Denver, CO 80202-4532 Telephone No.: 303-607-3500 Attorneys for Defendant TIC ­ The Industrial Company

s/ Terence M. Ridley Terence M. Ridley, Esq. Marian L. Carlson, Esq. Wheeler Trigg Kennedy LLP 1801 California Street, Suite 3600 Denver, CO 80202-2617 Telephone No.: 303-244-1800 Attorneys for Defendant GeoSyntec Consultants, Inc.

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CERTIFICATE OF SERVICE I hereby certify that on this 24th day of August, 2007, a true and correct copy of the foregoing STIPULATED MOTION FOR EXTENSION OF TIME TO FILE OBJECTIONS CONTEMPLATED BY FEDERAL RULE OF CIVIL PROCEDURE 26(a)(3) was electronically filed via ECF with the U.S. District Court for the District of Colorado and served electronically or via first-class U.S. mail on the following: Terrence M. Ridley, Esq. [email protected] [email protected] Marian Lee Carlson, Esq. [email protected] [email protected] Colin C. Deihl, Esq. [email protected] [email protected] Paul J. Sanner, Esq. Hanson, Bridgett, Marcus, Vlahos & Rudy, LLP 333 Market Street, Suite 2100 San Francisco, CA 94105-2122

s/ Cindy S. Vega