Free Motion for Hearing/Conference - District Court of Colorado - Colorado

Case 1:04-cv-01099-JLK-DW

Document 209

Filed 09/05/2006

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 04-CV-1099- JLK-DLW WOLF CREEK SKI CORPORATION, INC., Plaintiff, v. LEAVELL-McCOMBS JOINT VENTURE, d/b/a THE VILLAGE AT WOLF CREEK, Defendant.

PLAINTIFF WOLF CREEK SKI CORPORATION'S MOTION TO SCHEDULE PRETRIAL CONFERENCE

Plaintiff, Wolf Creek Ski Corporation ("Wolf Creek"), through its undersigned counsel, respectfully submits this Motion to Schedule Pretrial Conference, and states as follows: 1) This declaratory judgment action was filed in Colorado state court on May 5,

2004. Since that time, the parties have engaged in prolonged and costly discovery, and the deadlines set forth in the scheduling order have been extended several times.1 However, the parties have now all but completed discovery. 2) Two issues remain. First, pursuant to this Court's order of August 11, 2006, Wolf

Creek issued subpoenas to six individuals listed in the Joint Venture's supplemental disclosures

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Wolf Creek summarized the proceedings in its Response to the Joint Venture's Motion to Amend Scheduling Order, which was filed simultaneously with this motion. Wolf Creek incorporates that summary herein by reference.

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Case 1:04-cv-01099-JLK-DW

Document 209

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requesting limited discovery. Wolf Creek is moving expeditiously to complete this limited discovery. 3) Second, the parties must conduct attorney depositions. Those will be scheduled

as soon as Wolf Creek receives a final privilege log from the Joint Venture. 4) According to Judge Kane's Pretrial and Trial Procedures, when discovery is

completed the Court schedules a pretrial conference, during which, among other things, a trial date is set. Senior Judge John L. Kane, Memorandum to Counsel re Pretrial and Trial Procedures at 3, 7. In this case, the proceedings have reached a point where it is appropriate to schedule a pretrial conference. Indeed, scheduling a pretrial conference will give the parties a deadline within which to complete the remaining discovery issues and move the proceedings to the next stage. 5) Wolf Creek has expended considerable resources and devoted countless hours to

developing its case, and it is prepared to set a trial date. In addition to bringing protracted discovery to a close, prompt scheduling of a pretrial conference will allow Wolf Creek to request a trial date at a time when it will not disrupt Ski Area operations. Wolf Creek Ski Area is a small, family-run operation with limited personnel, and a trial will undoubtedly demand the full attention of its president, Davey Pitcher, who runs and manages the Ski Area during the winter months. For the reasons stated above, Wolf Creek respectfully requests that this Court schedule a pretrial conference in this matter.

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Case 1:04-cv-01099-JLK-DW

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Dated this 5th day of September, 2006. HOGAN & HARTSON L.L.P.

By:

s/Andrew R. Shoemaker Andrew R. Shoemaker Jacqueline S. Cooper 1470 Walnut Street, Suite 200 Boulder, Colorado 80302 [email protected] (720) 406-5300 telephone (720) 406-5301 facsimile Attorneys for Wolf Creek Ski Corporation, Inc.

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Case 1:04-cv-01099-JLK-DW

Document 209

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CERTIFICATE OF SERVICE I hereby certify that on this 5th day of September, 2006, I electronically filed the foregoing PLAINTIFF WOLF CREEK SKI CORPORATION'S MOTION TO SCHEDULE PRETRIAL CONFERENCE with the Clerk of Court using the CM/ECF system which will send notification of such filing to the following e-mail addresses: George V. Berg: Kimberly A. Tomey: Sally P. Berg: James R. Moriarty: Kathleen M. Morgan: [email protected] [email protected] [email protected] [email protected] [email protected]

s/Andrew R. Shoemaker

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