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

Case 1:04-cv-00725-RPM

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 04-M-725 (RPM) THE QUIZNO'S MASTER LLC, a Colorado limited liability company, and THE QUIZNO'S HOLDING COMPANY, a Nevada corporation, as assignee of and successor in interest to The Quizno's Corporation, a Colorado corporation, Plaintiffs, v. WESTCHESTER FIRE INSURANCE COMPANY, a New York corporation , and ROYAL INDEMNITY COMPANY, a Delaware corporation, Defendants.

DEFENDANT WESTCHESTER FIRE INSURANCE COMPANY'S AMENDED AGREED-TO MOTION TO AMEND SCHEDULING ORDER

Defendant Westchester Fire Insurance Company ("Westchester") moves this court to amend the Scheduling in this case by extending the expert disclosure dates by approximately 30 days. A Certificate of Compliance with Local Rule 7.1(A) Regarding Defendant Westchester Fire Insurance Company's Agreed-to Motion to Amend Scheduling Order is filed concurrently herewith. 1. 2. On January 7, 2005, this court entered the Scheduling Order in this case. Pursuant to the Scheduling Order, the deadline by which the parties were to

designate all experts was August 15, 2005 and the deadline to designate all rebuttal experts was September 15, 2005. 3.
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On August 5, 2005, Leonard MacPhee, on behalf of Quizno's, filed and served an 1

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Agreed-to Motion to Amend the Scheduling Order by extending the above dates by approximately 60 days. 4. On August 8, 2005, the court granted Quizno's motion and extended the deadline

to designate all experts and provide opposing counsel with all information required by Federal Rule of Civil Procedure 26(a)(2) to October 17, 2005, and the deadline to designate all rebuttal experts and provide opposing counsel with all information required to be provided by the Federal Rules of Civil Procedure to November 17, 2005. 5. The parties have engaged in significant activities in this case. The parties have

exchanged thousands of pages of documents pursuant to Federal Rule of Civil Procedure 26(a)(1) and have all filed motions for summary judgment, oppositions, and reply briefs. 6. Because of the volume of information and complexity of issues, together with the

press of business, the process has taken more time than originally anticipated and has revealed that additional time is necessary for discovery and preparation of expert witness disclosures and reports. 7. The parties have agreed it is appropriate to modify the current expert disclosure

deadlines by a period of approximately 30 days (depending on new dates following weekends) in order to accommodate the schedules of the experts to be disclosed (with reports). 8. The requested extensions are not being sought for the purposes of delay, should

not result in delay of the proceedings, and will not result in prejudice to any party. The trial on this matter has not been set. 9.
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Westchester and Quizno's are currently exploring settlement opportunities to 2

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resolve the dispute herein. An extension of the expert disclosure deadlines would promote economy in that the parties could potentially avoid the expense in preparing such disclosures should they reach an agreement. WHEREFORE, Westchester, with the agreement of Quizno's and Royal, respectfully requests the court amend the Scheduling Order by extending for approximately 30 additional days the current dates for expert witness disclosures. The new deadlines are requested to be up to and including November 16, 2005 to designate all experts and provide opposing counsel with all information required by Federal Rule of Civil Procedure 26(a)(2) and December 16, 2005 to designate all rebuttal experts and provide opposing counsel with all information required to be provided by Federal Rule of Civil Procedure 26(a)(2).

DATED:

October 7, 2005

/s/ R. Gaylord Smith LEWIS BRISBOIS BISGAARD & SMITH LLP R. Gaylord Smith R. Anthony Moya 550 West C. Street, Suite 800 San Diego, CA 92101 (619) 233-1006 Attorneys for Defendant Westchester Fire Insurance Company

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CERTIFICATE OF SERVICE I hereby certify that on October 7, 2005, I electronically filed the foregoing with the Clerk of Court using the CM/ECF system which will send notification of such filing to the following email address: Joseph F. Bermudez [email protected] Cindy Coles Oliver [email protected] [email protected] Michael D. Nosler [email protected] [email protected] Leonard H. MacPhee [email protected]

Laurence Murray McHeffey [email protected] [email protected] Hilary Dawn Wells [email protected] [email protected]

and I hereby certify that I have mailed the foregoing to the following non EM/ECF participate via U.S. mail postage prepaid: Calvin S. Whang Musick, Peeler, & Garrett, LLP One Wilshire Blvd., Ste. 2000 Los Angeles, CA 90017

/s/ Sherri L. Taylor Sherri L. Taylor Lewis Brisbois Bisgaard & Smith 550 W "C" Street, Ste. 800 San Diego, CA 92101 Telephone: (619) 233-1006 Facsimile: (619) 233-8627 E-mail: [email protected]

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