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

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

Document 283

Filed 06/27/2007

Page 1 of 4

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 04-cv-1263-PSF-OES 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

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

Document 283

Filed 06/27/2007

Page 2 of 4

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. The parties have exchanged exhibit lists and copies of exhibits as contemplated by

the Final Pretrial Order. 5. Due to the complex nature of this case, the exhibit list in this action currently

includes approximately 1,352 separate exhibits. 6. The parties are currently working together to eliminate duplication of exhibits. In

addition, the parties are conferring 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). 6. 7. At this time, no trial date has been set in this case. In order to facilitate the cooperative efforts discussed above, the parties hereby

request that the deadline for objections contemplated by Fed. R. Civ. P. 26(a)(3) be extended from June 28, 2007 to 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 forty-five (45) days prior to the trial of this case. 8. The Parties' request for extension is made in the interests of justice, and is not

sought for purposes of unjust delay. 9. The Parties have not previously requested any extension of time in which to file

objections contemplated by Fed. R. Civ. P. 26(a)(3).

-2-

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

Document 283

Filed 06/27/2007

Page 3 of 4

WHEREFORE, for the foregoing reasons, the Parties respectfully request that the Court
extend until ninety (90) days prior to trial, the deadline to file and serve all objections contemplated by Fed. R. Civ. P. 26 (a)(3) and extend until forty-five (45) days before trial the deadline to submit a final exhibit list

to the court. RESPECTFULLY SUBMITTED this 27th day of June 2007.

s/ Perry L. Glantz, Esq. R. Kirk Mueller, Esq. Perry L. Glantz, 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.

-3-

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

Document 283

Filed 06/27/2007

Page 4 of 4

CERTIFICATE OF SERVICE I hereby certify that on this 27th day of June, 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/ Janyce L. Lee