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

Case 1:04-cv-01067-MSK-CBS

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO

04-cv-1067-REB-CBS WILLIAM R. CADORNA, Plaintiff, v. CITY AND COUNTY OF DENVER, COLORADO, JAMES A. SESTRICH, KELLEY S. CALDWELL, JOSEPH R. HART and FRANK J. HOFFMAN, Defendants.

PLAINTIFF' SECOND MOTION TO THE MAGISTRATE JUDGE FOR EXTENSION S OF EXPERT DISCLOSURE AND OTHER DISCOVERY DEADLINES

In conjunction with his concurrently-filed Motion for Consolidation of this action with William R. Cadorna and Sandra L. Cadorna v. Safeway, Inc., District of Colorado Civil Action 04-cv-1434-REB-C S( h Sf a cs"ad ot une fh tadto Jn 1,06 n B " e a w y ae)n cn nac o t r l a fue 920 i t e i ei e this action by no less than ninety-eight days, to September 25, 2006 or after, Plaintiff William R. C dra"ln f o " . aon"hr y oe for extension of all expert disclosure or aon ( a tf rMrC dra) e b m vs P i i" e discovery deadlines established in Mair e ug S a e s g t tJde hf r July 5, 2005 Minute Order. As sa f' grounds for this motion, Plaintiff states: 1. On August 19, 2005, Mr. Cadorna and his wife, SanrL C dra" e da . aon ( h t

C dra" w o rc-plaintiffs in the Safeway case, filed their Motion for Continuance of aons) h a o , e

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Case 1:04-cv-01067-MSK-CBS

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Trial, Extension of Discovery Deadlines, and Corresponding Modification of Scheduling Order in the Safeway case. The Court referred that portion of their motion concerning the resetting of pretrial deadlines to the Magistrate Judge. Plaintiff hereby requests that the instant Motion be considered and ruled upon by the Magistrate Judge in conjunction with his consideration and ruling on the Cadra' ed g o o( for extension of disclosure or discovery deadlines in onspni m t ns n i ) the Safeway case. 2. Mr. Cadorna was compelled to file this action in 2004 order to preserve his

f e llm pni cni r i b t D neCv Sri C m i i ( o m s o" e r c i s ed g os e t n yh evr i l e c o m s o " m i i ) da a n d ao e i ve sn C sn o h apao t C m i i ha n of e s eio f d ghte a ul fl f i pelfh o m s o er g fcr dc i i i t h w s n w u y s e sn i i ' sn n n a a l discharged, but nevertheless refusing to reinstate or properly compensate him because he applied for age and service retirement after his termination and thereafter converted his age and service retirement to a disability retirement. 3. On May 20, 2005, the Commission finally issued a bizarrely arbitrary decision in

w i ir i uo a l r e oeu, ai r " ni o ei n a f tt uhl t h htee pn c a y r nosi g a f d g fv etr a "o po h c ld el r m ny i n d iy c d e ha n of e s eio ii ete . n na,ue 020, . aon fe a er g fcr dc i n t n r y O ModyJn 2,05MrC draid i i ' s n s it l CRCP 16a 4 apao t C m i i 'dc i i D neDsi C ut T e i d ....0( ()pel fh o m s o s eio n evr ir t or h Ct i ) e sn sn tc . y d ntnw r . aon'cm ln i t tco,ui t d id unfounded motion to oas eMrC dra o p i n h at nbtn e fe an s at a i sa l si pros f . aon'cm ln MrC draepne t t t o o o A gs tk ot n o MrC dra o p i . . aon r odd oh m t n n uut re i s at s a i 2,05 MrC dra CRCP 16a 4 apawlnt e ei d yh D neDsi 620. . aon' ....0( ()pel i o b dc e b t evr ir t s ) l d e tc Court for many months. That appeal has consumed and will continue to consume what are, from the perspective of the Cadornas, very substantial financial resources.

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4.

T e o m s o'dc i spld . aon wt ad i agons pn h C m i i s eio up e MrC dra i dio lrud uo sn sn i h tn

which to assert federal claims against the City and County of Denver in this action, and requires amendment of his complaint in that action to encompass additional deprivations of substantive or procedural due process. Mr. Cadorna intends to soon request leave to so amend his complaint. 5. T e aonscs f w a h C dra'ah l ,l o ready heavily burdened by their paramount obligation

to support their two children as full-time college students, is simply insufficient to support the epne fee ligt n n vn m dsy f tr k w i t y l pr e xes e xes o f r li i o ee a oet " st c" h eh a o us epni d a t ao l a a l e s u v litigation in state court. Plaintiff can scarcely afford to proceed with all of the litigation in which he is embroiled, yet can afford even less to abandon it. 6. Pa tf udrge cusla dn ee t n h cu r snb b ln fs ne i d onehs oe vr h g e ol e oal e i i' sn yi d a y

expected to do to soften the financial impact of the morass of litigation in which the Cadornas still find themselves despite the indisputable judicial fact that Mr. Cadorna was unjustly discharged. 7. The Cadornas earnestly struggled over the course of the summer, but were unable,

to generate financial resources sufficient to proceed with the retention of experts in time (given the necessity of retention of experts at least two months in advance of disclosure deadlines) to comply with the revised September 15, 2005 deadline for Rule 26(a)(2) disclosures, and to poed i cm li o dpsi s n o ed cvr Pa tf cusl a t r oe rce wt o p t n f eoio ad t r i oe . ln fs onew sh e r h eo tn h s y i i' ef foreclosed from the retention of experts or undertaking depositions or other significant discovery. 8. Plaintiff has, however, taken extraordinary measures to generate at least some

resources required to fund further litigation, and intends to take further such measures in the near ft e A aeu , ln fs onehsi l be alt i tts n i nd cvr O u r s r l Pa tf cusl a f ay en b on ie i ic ti oe . n u. s t i i' nl e ia g f a s y 3

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Auut020, ln fs n D f dn 'onecm le a i v ifrh proe f gs3,05Pa tf ad e nat cuslo p t se ito t ups o i i' e s ed t s e taking photographs and interviewing a Safeway security investigator at the Safeway store, at 4884 Chambers St. in Denver, from which Safeway and the City of Denver falsely accused Plaintiff of shoplifting a cookbook. On Tuesday, September 13, 2005, Plaintiff followed up on that site visit by completing the first phase of his Rule 30(b)(6) deposition of Safeway concerning its security systems and policies or practices concerning the prosecution of theft from its facilities. With benefit of the requested extension(s), Plaintiff should be able to manage the expense of depositions and retaining medical or financial experts to prepare reports or testify. 9. Plaintiff has previously requested and been granted an extension of the expert

disclosure and discovery deadlines in this case. 10. In compliance with D.C. COLO.LCivR. 7.1(A), the undersigned certifies that he

attempted to consult with opposing counsel concerning the subject of this motion. WHEREFORE, good cause having been shown, Plaintiff respectfully requests that, in conjunction with the anticipated consolidation for trial of this action with the Safeway case and continuance of the trial date to September 25, 2006 or after by the Court, the Magistrate Judge further extend the expert disclosure and other discovery deadlines set forth in his July 5, 2005 Minute Order as follows, to bring them into conformity with the revised deadlines requested by the Plaintiffs in the Safeway case:

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Plaintiff'AFFIRMATIVE 26(a)(2) Disclosures: from Sept. 15, 2005 to Feb. 17, 2006; s Defendants' REBUTTAL 26(a)(2) Disclosures: Discovery Cut-off: Dispositive Motion Deadline: DATED this 15th day of September, 2005. Respectfully submitted, from Nov. 17, 2005 to April 14, 2006; from Dec. 19, 2005 to May 19,2006; from Jan. 19, 2005 to June 16, 2006.

/S/

Mark E. Brennan

__________________________________ Mark E. Brennan, P.C. P.O. Box 2556 Centennial, CO. 80161-2556 (303) 797-7687 Attorney for Plaintiff

CERTIFICATE OF SERVICE In compliance with D.C.COLO.LCivR. 6.1(D), the undersigned hereby certifies that, on this 15th day of September, 2005, he served a copy of the foregoing Motion for Extension of Expert Disclosure and Other Discovery Deadlines on the following person(s) via U.S. Mail, first class postage prepaid or via e-mail: William and Sandra Cadorna 5503 S. Moore St. Littleton, CO. 80127 Jack Wesoky, Esq. Office of the City Atty. 201 W. Colfax, Dept. 1108 Denver, CO. 80202 Greg Eurich, Esq. Holland & Hart P.O. Box 8749 Denver, CO. 80201-8749

/S/

Mark E. Brennan

_________________________________

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