Free Motion to Continue - District Court of Colorado - Colorado

Case 1:04-cv-01107-REB-CBS

Document 36

Filed 09/30/2005

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Case No. 04-RB-1107 (CBS) ELIZABETH MEDINA, Individually as mother of and as Personal Representative of the Estate of LUCAS de HERRERA, and MARGARITO de HERRERA, Individually as father of LUCAS de HERRERA, Plaintiffs, v. BOARD OF COUNTY COMMISSIONERS, ALAMOSA COUNTY, COLORADO, in both their individual capacities; SHERIFF DAVID STONG, in his individual capacity; UNDERSHERIFF JOHN BIANCA, in his individual capacity; SGT. RON GOODMAN, in his individual capacity; FORMER DEPUTY RICK MARTINEZ, in his individual capacity; DEPUTY LISA BENEVIDEZ, in her individual capacity; CORPORAL GARY THOMAS, in his individual capacity. Defendants. ________________________________________________________________________ STIPULATED MOTION TO EXTEND DISCOVERY CUTOFF AND DISPOSITIVE MOTIONS FILING DEADLINE ________________________________________________________________________ Plaintiffs ELIZBETH MEDINA and MARGARITO de HERRERA, through their attorney, David A. Lane of KILLMER & LANE, LLP, and Stefani Golden of STEFANI GOLDIN, LLC, hereby respectfully move the Court to modify the Scheduling Order and extend the discovery cutoff and dispositive motions filing deadline, and in support thereof state as follows: 1. Pursuant to the Minute Order entered by the Court on June 6, 2005, the

discovery cutoff deadline in this case is September 30, 2005, and the deadline for filing of dispositive motions is October 31, 2005.

Case 1:04-cv-01107-REB-CBS

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Filed 09/30/2005

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2.

Due to an emergency at the Alamosa Sheriff's Department the six police

officers scheduled to be deposed by Plaintiff's counsel were forced to cancel their scheduled depositions. Furthermore, as a result of difficulties of coordinating available dates between counsel for the parties and remaining deponents, the parties have been unable to reschedule the remaining depositions within the present discovery cutoff date. As a result, Plaintiff respectfully requests that the discovery cutoff deadline be extended until January 31, 2006 so that such witnesses can be deposed. 3. Furthermore, Plaintiff requests that the dispositive motions deadline be

commensurately extended by one month after discovery cutoff. 4. Pursuant to D.C.Colo.L.Civ.R. 7.1A, undersigned counsel hereby certifies

that on September 15, 2005 he has conferred with John Cross, counsel for Defendant, who stipulates to the relief requested herein. 5. No party will be prejudiced by this motion, which is not interposed for the

purpose of delay or any other improper purpose. WHEREFORE, Plaintiff respectfully request that the Court modify the Scheduling Order and extend the discovery cutoff, for purposes of taking depositions and dispositive motions filing deadlines, as follows: Discovery Cutoff: January 31, 2006;

Dispositive Motions: March 2, 2006. Respectfully submitted this 15th day of September, 2005. KILLMER, LANE & NEWMAN, LLP /s/ David Lane _______________________________ David A. Lane Killmer, Lane & Newman, LLP

Case 1:04-cv-01107-REB-CBS

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Filed 09/30/2005

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1543 Champa Street, Suite 400 Denver, CO 80202 Telephone (303) 571-1000 Counsel for Plaintiff DeHerrera CERTIFICATE OF SERVICE I hereby certify that on September 15, 2005, I electronically filed the foregoing UNOPPOSED MOTION TO EXTEND DISCOVERY CUTOFF AND DISPOSITIVE MOTIONS FILING DEADLINE with the Clerk of Court using the CM/ECF system which will send notification of such filing to the following e-mail addresses: · John Cross, Esq. [email protected] · Stephanie Goldin [email protected]

and I hereby certify that I have mailed or served the document or paper to the following participants in the manner (mail, hand-delivery, etc.) indicated by the non-participant's name:

Elizabeth Medina deHerrera Margarito deHerrera P.O. Box 521 San Luis, Colorado 81152 (via U.S. mail) KILLMER, LANE & NEWMAN, LLP /s/ David Lane _______________________________ David A. Lane Killmer, Lane & Newman, LLP 1543 Champa Street, Suite 400 Denver, CO 80202 Telephone (303) 571-1000 [email protected]