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

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

Document 145

Filed 10/16/2006

Page 1 of 5

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO

Civil Action No. 04-cv-1263-PSF-MEH

ROBERT M. FRIEDLAN,
Plaintiff,
v.

TIC - THE INUSTRIAL COMPANY; and GEOSYNTEC CONSULTANTS, INC. f/k/a GEOSERVICES, INC.,
Defendants.

JOINT MOTION FOR ONE-DAY EXTENSION OF TIME TO SUBMIT RULE 26(a)(2) REPORT
Defendants GeoSyntec Consultants, Inc. f/k/a GeoServices, Inc. ("GeoSyntec") and TIC

- The Industrial Company ("TIC") (collectively "Defendants"), submit this joint motion for a
one-day extension of

time to submit the Rule 26(a)(2) Report ofMr. Luke Danielson. In support

of

this motion, Defendants state:

CERTIFICATE OF COMPLIANCE WITH D.C.COLO.LCivR 7.1(A)
Undersigned counsel hereby certifies that immediately upon learning of

the

necessity for this brief one-day extension, late in the day on October 16, he attempted to confer

with Plaintiff s counsel, Kirk Mueller and Perry Glantz, but was advised by the receptionist that

both had left the offce for the day.
1. Defendants' Rule 26(a)(2)(B) Expert Disclosures and reports regarding damages

and allocation issues are due today, October 16, 2006.

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2. Defendants are serving their other expert disclosures and reports related to
damages and allocation on October 16, 2006, with the exception of the report of

Luke Danielson,

who has been jointly retained by both GeoSyntec and TIC. Undersigned counsel has just been
notified by Mr. Danielson that in the process of finalizing his report, he experienced unexpected

diffculties with his computer and lost substantial amounts of data he had input into his report.
3. Mr. Danielson is diligently working on reproducing the lost data, and Defendants

will serve the finalized report by the close of

business October 17,2006.

4. Mr. Danielson has worked diligently on his report for the last several weeks, and
his opinions will be helpful to the Court in understanding the issues. Disallowing his report due
to an unexpected computer problem would be prejudicial and unfair to the defendants.
5. The requested extension, on the other hand, will not cause any prejudice to

Plaintiff, as he will be served with Mr. Danielson's report by no later than the close of

business

on October 17.
6. Pursuant to D.C.Colo.LCivR 6. l(D), undersigned counsel has served a copy of

this motion on the clients and on all counsel of record, as reflected in the certificate of service
below.

WHREFORE, Defendants GeoSyntec Consultants, Inc. f/k/a GeoServices, Inc. and TIC
- The Industrial Company respectfully request an order granting a one-day extension of

time, to

and including October 17, 2006, within which to serve the expert report of

Luke Danielson.

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DATED this 16th day of

October, 2006.

Respectfully submitted,

By: sf Terence M. Ridley

Terence M. Ridley Wheeler Trigg Kennedy LLP 1801 California Street, Suite 3600 Denver, CO 80202-2617
Telephone No.: 303-292-2525
Telecopier No.: 303-294- 1 879

By: sf Colin Christopher Deihl Colin Christopher Deihl Faegre & Benson LLP
3200 Wells Fargo Center

1700 Lincoln Street Denver, CO 80203
Telephone No.: 303-607-3651

E-Mail: ridley(£wtklaw.com

Telecopier No.: 303-607-3600
E-Mail: cdeihl(£faegre.com

Paul 1. Sanner Hanson, Bridgett, Marcus, Vlahos & Rudy LLP 333 Market Street, Suite 2100 San Francisco, CA 94105-2122 Telephone No.: 415-995-0517
Telecopier No.: 415-541 -9366

Attorney for Defendant

TIC - The Industrial Company

E-Mail: psanner(£hansonbridgett.com

Attorneys for Defendant GeoSyntec Consultants, Inc.

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

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CERTIFICA TE OF SERVICE

I hereby certify that on October 16,2006, I electronically fied the foregoing Joint Motion
for One-Day Extension of Time to Submit Rule 26(a)(2) Report with the Clerk of

Court using

the CM/CF system which will send notification of such fiing to the following email addresses:
. Jon Bernhardt
. Perry L. Glantz

bernhardt(£ballardspahr. com

hoefler(£ballardspahr. com
myersr(£ballardspahr. com
. Lauren C. Buehler

pglantz(£fognanilaw. com cvega(£fognanilaw. com
. Steven Matthew Kelso

Ibuehler(£fognanilaw. com cvega(£fognanilaw. com
. Marian Lee Carlson

kelso(£wtklaw. com chavez(£wtklaw.com
. Kristina I. Mattson

carlson(£wtklaw. com carpenter(£wtklaw. com
. Colin Christopher Deihl

kmattson(£fognanilaw. com cvega(£fognanilaw. com
. Richard Kirk Mueller

cdeihl(£faegre. com j sullivan(£faegre. com

rmueller(£fognanilaw. com cvega(£fognanilaw. com
. Terence M. Ridley

. Leslie Ann Eaton
eaton(£ballardspahr. com

ridley(£wtklaw. com norris(£wtklaw. com

hoefler(£ballardspahr. com
dethlefs(£ballardspahr. com
. Michael Stephen Freeman

mfreeman(£faegre. com

dcopeland(£faegre. com
cdaniels(£faegre. com

and I hereby certify that a copy of the document has been served to the following non-CM/CF
participant in the manner indicated by the non-participant's name:
Paul 1. Sanner Hanson, Bridgett, Marcus, Vlahos & Rudy LLP 333 Market Street, #2100 San Francisco, CA 94105-2122
psanner(£hansonbridgett. com

( ) First Class Mail ( ) Hand Delivery
( ) Facsimile

( ) Overnight Delivery

(X) E-Mail

4

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

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and I hereby certify that a copy of the document has been served to the following parties in the
manner indicated by the party's name:

GeoSyntec Consultants, Inc.

c/o Paul 1. Sanner 333 Market Street, #2100 San Francisco, CA 94105-2122
psanner(£hansonbridgett. com

( ) First Class Mail ( ) Hand Delivery
( ) Facsimile

( ) Overnight Delivery

(X) E-Mail

Colin Reid TIC - The Industrial Company P.O. Box 774848
Steamboat Springs, CO 80477

(X) First Class Mail ( ) Hand Delivery
( ) Facsimile

( ) Overnight Delivery

( ) E-Mail
s/ Terence M. Ridley Terence M. Ridley Wheeler Trigg Kennedy LLP 1801 California Street, Suite 3600 Denver, CO 80202-2617
Telephone No.: 303-292-2525
Telecopier No.: 303-294- 1 879

E-Mail: ridley(£wtklaw.com

Attorney for Defendant GeoSyntec Consultants, Inc.

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