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 Senior District Judge Richard P. Matsch Civil Action No. 04-cv-725-RPM-OES 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.

PLAINTIFF'S AGREED-TO MOTION TO AMEND SCHEDULING ORDER

Plaintiffs The Quizno's Master LLC and The Quizno's Holding Company (hereinafter referred to singularly as "Quizno's"), through its undersigned counsel, moves this Court to amend the Scheduling Order in this case by extending the expert disclosure and discovery cutoff dates by approximately 60 days. CERTIFICATE OF COMPLIANCE WITH LOCAL RULE 7.1(A) Pursuant to D.C. Colo. L.R. 7.1(A), the undersigned counsel hereby certifies that he conferred with Anne Uyeda of Musick, Peeler & Garrett, LLP, counsel for Royal Indemnity Company and Ernest Sloan of Lewis Brisbois Bisgaard & Smith LLP, counsel for Westchester Fire Insurance Company regarding the relief requested in this Motion. Counsel for Defendants indicated that Royal and Westchester agree to the amendments requested in this Motion. 1. On January 7, 2005 this Court entered the Scheduling Order in this case.

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2.

Pursuant to the Scheduling Order, the current deadline by which the parties are to

designate all experts is August 15, 2005 and the deadline to designate all rebuttal experts is September 15, 2005. 3. Also, pursuant to the Scheduling Order the current discovery cutoff date is

October 28, 2005. 4. The parties have engaged in significant activities in this case. The parties have

exchanged thousands of pages of documents pursuant to Fed.R.Civ.P. 26(a)(1) and have all filed motions for summary judgment. The briefing on those pending motions is ongoing. 5. 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. 6. The parties have agreed it is appropriate to modify the current expert disclosure

deadlines and the current discovery deadline by a period of approximately 60 days (depending on new dates following weekends) in order to accommodate the schedules of the experts to be disclosed (with reports), the witnesses and parties and their counsel and to allow sufficient time for the remaining discovery and disclosure process. 7. 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. WHEREFORE, Quizno's with the agreement of the Defendants, respectfully requests that the Court amend the Scheduling Order by extending for approximately 60 days the current dates for expert witness disclosures and the discovery deadline. The new deadlines are requested

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to be up to and including October 17, 2005 to designate all experts and provide opposing counsel with all information required by Fed.R.Civ.P. 26(a)(2); November 17, 2005 to designate all rebuttal experts and provide opposing counsel with all information required to be provided by Fed.R.Civ.P. 26(a)(2); and December 30, 2005 for the discovery cut-off. Dated this 5th day of August 2005. Respectfully submitted,

/s/ Leonard H. MacPhee Leonard H. MacPhee Attorney for Plaintiffs Perkins Coie LLP 1899 Wynkoop Street, Suite 700 Denver, CO 80202 Telephone: (303) 291-2300 Facsimile: (303) 291-2400 Email: [email protected]

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CERTIFICATE OF SERVICE I hereby certify that on August 5, 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 addresses:


Joseph F. Bermudez [email protected] Laurence Murray McHeffey [email protected] [email protected] R. Anthony Moya [email protected] [email protected] Michael D. Nosler [email protected] [email protected]



Cindy Coles Oliver [email protected] [email protected] R. Gaylord Smith [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 participant via U.S. Mail, postage prepaid: Calvin S. Whang Musick, Peeler, & Garrett, LLP One Wilshire Boulevard, #2000 Los Angeles, CA 90017 /s/ Leonard H. MacPhee Leonard H. MacPhee Attorney for Plaintiffs Perkins Coie LLP 1899 Wynkoop Street, Suite 700 Denver, CO 80202 Telephone: (303) 291-2300 Facsimile: (303) 291-2400 Email: [email protected]

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