Free Motion to Amend/Correct/Modify - District Court of Colorado - Colorado

Case 1:04-cv-01109-WDM-PAC

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 04-cv-1109-WDM-PAC MARK A. JOHNS and LISA JOHNS Plaintiffs, vs. GENIE INDUSTRIES, INC., n/k/a TEREX CORPORATION, a foreign corporation; UNITED RENTALS, INC., a foreign corporation,; THE BOSCH GROUP, a/k/a ROBERT BOSCH CORPORATION; KELCH CORPORATION; and BONAR PLASTICS, INC. Defendants. ______________________________________________________________________________ SECOND STIPULATED MOTION TO AMEND THE SCHEDULING ORDER ______________________________________________________________________________ COMES NOW all parties, by and through their respective counsel and hereby jointly pursuant to D.C.COLO.LCivR. 7.1 move this Honorable Court to amend the current scheduling order pursuant to as described herein. AS GROUNDS for this joint motion, the parties state as follows: 1. The parties have engaged in extensive written discovery. Depositions of a

number of Genie witnesses have been taken in Seattle, Washington. A number of Kelch witnesses have been deposed in Milwaukee, Wisconsin and Bonar witnesses have been deposed in Denver, Colorado. 2. Plaintiffs have entered into an agreement to settle all claims against United

Rentals, Inc. and are in the process of completing the release and settlement agreements. The Defendants which have designated The Bosch Group as a liable non-party have agreed to

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withdraw those designations. Plaintiffs anticipate that The Bosch Group will shortly be dismissed as a party-defendant to this action. 3. Plaintiffs are in the process of scheduling a final round of depositions of Genie

and Bonar witnesses. An important witness for this round of depositions is Richard Curtin, Manager of Safety for Genie Industries. 4. Mr. Curtin has recently experienced serious medical problems in his family and

he will not be available to be deposed until sometime in the latter half of September, 2005. Mr. Curtin's deposition will be necessary and important for Plaintiffs' liability experts to consider and evaluate before issuing their expert witness reports. 5. All remaining counsel are in the process of scheduling the depositions of Mr.

Curtin and other Genie Industry witnesses as well as Bonar witnesses in Seattle, Washington for the latter part of September, 2005. 6. Under the current Scheduling Order, Plaintiffs are obligated to designate their

experts and provide complete Rule 26(a)(2) information by September 15, 2005. Defendants are obligated to designate expert witnesses by October 15, 2005. Plaintiff's rebuttal experts are to be designated by November 1, 2005 and the discovery cut-off date in this case is currently December 15, 2005. 7. follows: a) b) c) Plaintiffs must designate experts by October 15, 2005; Defendants must designate experts by November 15, 2005; Plaintiffs' rebuttal experts will be designated by December 1, 2005; The parties jointly request that the Court modify the current Scheduling Order as

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