Free Response to Motion - District Court of Colorado - Colorado

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

Document 285

Filed 09/17/2008

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Honorable Marcia S. Krieger Civil Action No. 04-cv-01067-MSK-CBS WILLIAM R. CADORNA, v. Plaintiff,

THE CITY AND COUNTY OF DENVER, a municipal corporation, Defendant. DEFENDANT'S RESPONSE TO PLAINTIFF'S MOTION FOR LEAVE TO PURSUE ADDITIONAL DISCOVERY AND TO DESIGNATE EXPERT WITNESS AND TESTIMONY CONCERNING DAMAGES Defendant, City and County of Denver, Colorado, by and through its attorneys, Christopher M.A. Lujan and Franklin A. Nachman, Assistant City Attorneys, for its response to Plaintiff's Motion for Leave to Pursue Additional Discovery and to Designate Expert Witness and Testimony Concerning Damages, states as follows: 1. Contrary to the misrepresentation in ¶ 7 of Plaintiff's Motion, Defendant's

counsel previously conferred with Plaintiff's counsel and indicated they would not oppose this Motion, as Defendant is also seeking discovery on damages. 2. Both parties have sought additional time before they retry this case to

pursue further discovery on the issue of damages. Defendant recently filed a motion to delay resetting the trial in this case (ECF No. 277), in part to pursue discovery on damages and to designate an expert to prepare a report on damages. Defendant also

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

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filed a Motion to Compel Production of Documents (ECF No. 283) to enable it to present its own calculation of damages, including mitigation. Finally, both parties cited the need for discovery on damages in their Amended Final Pretrial Order. (ECF No. 278) 3. Neither party has had the benefit of discovery or review of documents in

the nearly 2½ years since the first trial of this case, as their efforts have been directed to post-trial proceedings. The parties have both asked for leave to designate damages experts to present an accurate presentation of damages based on the most current evidence. In view of the foregoing facts, Defendant does not object to Plaintiff's Motion, provided that it has an equal opportunity to conduct discovery on Plaintiff's earnings to date. Dated this 17th day of September, 2008. Respectfully submitted,

By: /s/ Franklin A. Nachman Franklin A. Nachman Christopher M. A. Lujan Assistant City Attorneys Denver City Attorney's Office 201 W. Colfax Ave., Dept. 1108 Denver, Colorado 80202 Telephone: (720) 913-3100 Facsimile: (720) 913-3182 E-mail: [email protected] Attorneys for Defendant City and County of Denver

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

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Filed 09/17/2008

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CERTIFICATE OF SERVICE I hereby certify that on this 17th day of September, 2008, I electronically filed the foregoing DEFENDANT'S RESPONSE TO PLAINTIFF'S MOTION FOR LEAVE TO PURSUE ADDITIONAL DISCOVERY AND TO DESIGNATE EXPERT WITNESS AND TESTIMONY CONCERNING DAMAGES with the Clerk of Court using the CM/ECF system which will send notification of such filing to the following e-mail addresses: Mark E. Brennan, Esq. [email protected]

[email protected],[email protected]
and I hereby certify that I have mailed the document to the following non CM/ECF participants in the manner indicated by the non-participant's name: e-mail to: Manager Alvin LaCabe, Jr. Manager of Safety Department of Safety Chief Nick Nuanes Department of Safety Denver Fire Department

Richard Saul Mandelson

/s/ Marilyn Montoya Marilyn Montoya, Legal Secretary Denver City Attorney's Office

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