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

Case 1:04-cv-00687-PSF-BNB

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Filed 04/04/2006

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 04-cv-00687-PSF-BNB MARY JO LAIRD, Plaintiff, v. GUNNISON COUNTY, acting through THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF GUNNISON, THE BOARD OF TRUSTEES FOR THE GUNNISON COUNTY PUBLIC LIBRARY, JOHN DEVORE, and PEGGY MARTIN, in their individual capacities, Defendants. ______________________________________________________________________________ DEFENDANTS' UNOPPOSED MOTION FOR EXTENSION OF TIME TO CONDUCT EXPERT DEPOSITIONS ______________________________________________________________________________ Defendants, GUNNISON COUNTY, acting through THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF GUNNISON, THE BOARD OF TRUSTEES FOR THE GUNNISON COUNTY PUBLIC LIBRARY, JOHN DEVORE, and PEGGY MARTIN, by their attorney, ERIC M. ZIPORIN, ESQ. of the law firm of SENTER GOLDFARB & RICE, L.L.C., and pursuant to D.C.COLO.LCivR 6.1(B), hereby move the Court for an Order granting their Unopposed Motion for Extension of Time to Conduct Expert Depositions. AND IN SUPPORT THEREOF, Defendants state as follows: 1. Pursuant to D.C.COLO.LCivR 7.1(A), undersigned counsel conferred with

counsel for Plaintiff, Nathan Davidovich, prior to the filing of this motion. Mr. Davidovich has

Case 1:04-cv-00687-PSF-BNB

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indicated that his client does not oppose the relief sought herein and in fact joins in the relief requested in order to allow Plaintiff to conduct the depositions of Defendants'experts beyond the current deadline. 2. Pursuant to the Scheduling Order entered in this case, the parties were to

designate affirmative experts by February 17, 2006 and rebuttal experts by March 17, 2006. However, on March 15, 2006, the Court entered an order granting Defendants' request for an extension to designate rebuttal experts up to and including April 3, 2006. Defendants will be designating two experts on that date, one in the area of vocational rehabilitation and another in the area of economic loss appraisal. 3. 4. The current discovery deadline in this case is April 5, 2006. From Defendants' perspective, the deposition of Plaintiff' expert, Dr. James s

Evenson, cannot occur until undersigned counsel receives Defendants' rebuttal expert reports and has time to review same in preparation for the deposition. Those reports will not be received until April 3, 2006. Even assuming that undersigned counsel could have conducted the

deposition of Dr. Evenson on either April 4 or 5, 2006, Mr. Davidovich is leaving the country on April 4, 2006 and not returning until mid-May of 2006. 5. From Plaintiff' perspective, since Defendants will not be designating their s

experts until April 3, 2006, she will not be in a position to depose them prior to the deadline of April 5, 2006. 6. Defendants have currently and tentatively noticed the deposition of Dr. Evenson

for May 18, 2006. Plaintiff has tentatively scheduled the depositions of Defendants' experts for May 19, 2006. Accordingly, the parties respectfully request that the Court extend the discovery

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deadline, solely for the purposes of taking the expert depositions, up to and including May 19, 2006. 7. deadline. 8. This Motion comports with the requirements of D.C.COLO.LCivR 6.1(D) as it None of the parties have previously sought an extension of the discovery

has been served upon the moving attorney' clients and all counsel of record. s WHEREFORE, Defendants respectfully request that the Court enter an Order granting their Unopposed Motion for Extension of Time to Conduct Expert Depositions allowing the parties up to and including May 19, 2006 in which to conduct all expert depositions.

Respectfully submitted,

s/ Eric M. Ziporin Eric M. Ziporin, Esq. SENTER GOLDFARB & RICE, L.L.C. 1700 Broadway, Suite 1700 Denver, Colorado 80290 Telephone: 303-320-0509 Facsimile: 303-320-0210 Attorney for Defendants

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CERTIFICATE OF SERVICE I HEREBY CERTIFY that on this 4th day of April, 2006, I electronically filed a true and correct copy of the above and foregoing DEFENDANTS' UNOPPOSED MOTION FOR EXTENSION OF TIME TO CONDUCT EXPERT DEPOSITIONS with the Clerk of Court using the CM/ECF system which will send notification of such filing to the following email addresses: Nathan Davidovich, Esq. [email protected] Ronald H. Nemirow, Esq. [email protected] I FURTHER CERTIFY that I have mailed said DEFENDANTS' UNOPPOSED MOTION FOR EXTENSION OF TIME TO CONDUCT EXPERT DEPOSITIONS to the following non-CM/ECF participants by U.S. Mail, first class postage prepaid: David M. Baumgarten, Esq. Gunnison County Attorney 200 E. Virginia Avenue Gunnison, CO 81230 Peggy Martin Gunnison County Public Library 307 N. Wisconsin Gunnison, CO 81230 John DeVore 200 E. Virginia Avenue Gunnison, CO 81230

s/ Barbara A. Ortell

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00218368.DOC