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

Case 1:04-cv-00617-LTB-BNB

Document 71

Filed 09/15/2005

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 04-CV-00617-LTB-BNB POLYROCK TECHNOLOGIES, LLC, a Colorado limited liability company, Plaintiff, v. GENERAL STEEL DOMESTIC SALES, LLC, a Colorado limited liability company, d//b/a General Steel Corporation; GENSTONE ENTERPRISES, LLC, a Colorado limited liability company, d/b/a GenStone; JEFF KNIGHT; KEVIN KISSIRE; and CHUCK DEMAREST, Defendants. DEFENDANTS' JOINT UNOPPOSED MOTION FOR ENLARGEMENT OF TIME TO PRODUCE DEFENDANTS' DISCLOSURES AND TO RESPOND TO PLAINTIFF'S FIRST COMBINED DISCOVERY REQUESTS Defendant Chuck Demarest, by and through his attorneys, Pendleton, Friedberg, Wilson & Hennessey, P.C., and defendants General Steel Domestic Sales, LLC, GenStone Enterprises, LLC, and Jeff Knight, through their attorneys, Lewis Scheid, LLC (collectively the "Moving Defendants"), respectfully move this Court for a further extension of time to respond to plaintiff's first combined discovery requests and to serve Moving Defendants' disclosures. As grounds, the Moving Defendants state as follows: 1. On August 22, 2005, plaintiff and the Moving Defendants filed a Stipulated

Motion to Amend Scheduling Order Regarding Defendants' Disclosures and to Extend Time to
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Case 1:04-cv-00617-LTB-BNB

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Filed 09/15/2005

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Respond to Plaintiff's First Combined Discovery Requests Pending Entry of Protective Order, to provide that Moving Defendants would respond to the discovery and make their disclosures five days following entry of the Court's Protective Order. The Protective Order was entered by this Court on September 7, 2005, and the Stipulated Motion to Amend the Scheduling Order was granted by Minute Order dated September 8, 2005. Therefore, the Moving Defendants' disclosures and the deadline to respond to plaintiff's First Combined Discovery Requests is September 15, 2005. 2. In order to evaluate properly the required disclosures, the scope of the plaintiff's

discovery requests, and the propriety of various objections, counsel for the Moving Defendants had requested that plaintiff's counsel enumerate more specifically the alleged trade secrets which are the subject of plaintiff's claims. Although he has declined to put it in writing, counsel for plaintiff has provided some additional information in that regard, to the effect that the alleged trade secrets are composed of (a) the combination of every step in the entire manufacturing process observed by the Moving Defendants in 2002, (b) some additional trade secrets not included in plaintiff's published patent, as e.g., plaintiff's method of coloring its products, and (c) financial and economic data related to plaintiff's manufacturing process. Receipt of this additional information necessitates that counsel for the Moving Defendants need additional time to re-evaluate their disclosures, their discovery responses, and the necessity to interpose certain objections.

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3.

In compliance with D.C.COLO.LCivR 7.1.A., on August 1, 2005, counsel for the

Moving Defendants have therefore conferred with John A. DeSisto, counsel for plaintiff, who stated that plaintiff would not oppose a short enlargement of time through Monday, September 19, 2005, for the Moving Defendants to provide their disclosures and respond to plaintiff's First Combined Discovery Requests. 4. Pursuant to D.C.COLO.LCivR 6.1.C., the undersigned states that this is the first

extension for defendant Demarest and the second extension for defendants General Steel, GenStone and Knight, respectively, to provide their disclosures and respond to plaintiff's First Combined Discovery Requests. 5. Pursuant to D.C.COLO.LCivR 6.1.D., a copy of this unopposed motion for an

extension of time is being served upon the Moving Defendants. 6. An extension of time through Monday, September 19, 2005, would serve the

interests of these parties, and would conserve judicial resources. Further, no party would be prejudiced by the granting of this motion. WHEREFORE, the Moving Defendants respectfully request that this Court grant this unopposed motion and order a short extension of time, to and including Monday, September 19, 2005, for the Moving Defendants to provide their disclosures and respond to plaintiff's First Combined Discovery Requests.

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Dated this 15th day of September, 2005.

By: s/ Susan M. Hargleroad Susan M. Hargleroad Attorneys for Defendant Chuck Demarest PENDLETON, FRIEDBERG, WILSON & HENNESSEY, P.C. 1875 Lawrence Street, Tenth Floor Denver, CO 80202-1898 Telephone: 303-839-1204 Facsimile: 303-831-0786 E-mail: [email protected]

By: /s Kurt S. Lewis Kurt S. Lewis Attorneys for Defendants General Steel Domestic Sales, LLC; Genstone Enterprises, LLC; and Jeff Knight LEWIS SCHEID, LLC 2300 15th Street, #320 Denver, CO 80202 Telephone: 303-534-5040 Facsimile: 303-534-5039 E-mail: [email protected]

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CERTIFICATE OF SERVICE I hereby certify that on this 15th day of September, 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 e-mail addresses: John A. DeSisto E-mail: [email protected] Kurt S. Lewis E-mail: [email protected] and I hereby certify that on the 16th of September, 2005, I have caused to be mailed the foregoing to the following non CM/ECF participants in the manner (mail, hand-delivery, etc.) indicated by the non-participant's name: Mr. Chuck Demarest (via U. S. Mail, first class postage prepaid) 740 S. Pierce Avenue Louisville, CO 80027 Richard Taub (via U. S. Mail, first class postage prepaid) General Steel Corporation 1075 South Yukon Street, Suite 250 Lakewood, CO 80224 Jeff Knight (via U. S. Mail, first class postage prepaid) General Steel Corporation 1075 South Yukon Street, Suite 250 Lakewood, CO 80224 Genstone Enterprises (via U. S. Mail, first class postage prepaid) 1075 South Yukon Street, Suite 250 Lakewood, CO 80224

s/ Susan M. Hargleroad

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