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

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

Document 80

Filed 03/14/2006

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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 SUBMIT REBUTTAL EXPERT DISCLOSURES ______________________________________________________________________________ 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 Submit Rebuttal Expert Disclosures. AND IN SUPPORT THEREOF, Defendants state as follows:

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

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Filed 03/14/2006

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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 indicated that his client does not oppose the relief sought herein. 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. 3. On February 16, 2006, Defendants received Plaintiff' Designation of Expert s

Testimony Pursuant to F.R.C.P. 26(a)(2). Therein, Plaintiff designated James Evenson, Ph.D., an expert in the field of economics who has opined on Plaintiff' claimed economic losses as a s result of her separation of employment from Gunnison County. 4. Since that time, Defendants have retained a rebuttal expert witness in the area of

economic loss appraisal. However, Defendants' expert has indicated that he will need additional time to review the entire file, review the opinions and calculations of Dr. Evenson, and prepare a rebuttal expert report. Defendants therefore request that the rebuttal expert deadline be extended up to and including April 3, 2006. 5. deadline. 6. This Motion comports with the requirements of D.C.COLO.LCivR 6.1(D) as it Defendants have not previously sought an extension of the rebuttal expert

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 Submit Rebuttal Expert Disclosures allowing them up to and including April 3, 2006 in which to submit same.

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

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CERTIFICATE OF SERVICE I HEREBY CERTIFY that on this 14th day of March, 2006, I electronically filed a true and correct copy of the above and foregoing DEFENDANTS' UNOPPOSED MOTION FOR EXTENSION OF TIME TO SUBMIT REBUTTAL EXPERT DISCLOSURES 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] and I hereby certify that I have mailed said DEFENDANTS' UNOPPOSED MOTION FOR EXTENSION OF TIME TO SUBMIT REBUTTAL EXPERT DISCLOSURES 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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00216151.DOC