Free Motion to Continue - District Court of Colorado - Colorado

Case 1:04-cv-00591-MSK-BNB

Document 191

Filed 08/26/2005

Page 1 of 3

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 04-cv-0591-MSK-BNB

MELANIE LAND, Plaintiff, vs. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, an Illinois Corporation, Defendant.

JOINT REQUEST TO CONTINUE SUBPOENAS

COME NOW, Plaintiff Melanie Land and Defendant State Farm, by and through undersigned counsel, and file their request to continue the trial subpoenas on the following grounds: 1. Trial in this case was scheduled to begin on August 15, 2005. On motion of

Defendant, trial was continued and re-scheduled to begin on February 21, 2006. 2. Both parties had subpoenaed each of the witnesses scheduled to testify. Plaintiff

had Barry Land, Jacob Swift, Steve Hassoldt, Jason Chamberlain, Lisa Lindgren, Daniel Haigler, Laura Piggot, Christopher J. Centeno, M.D., Mike Hodges, Esq., Mark Decker, Cindy Brey, and Officer Okada under subpoena. Defendant had subpoenaed Matthew Mulligan, Raul Calahorra, David Estrada, W. Bruce Wilson, M.D., Rachel Basse, M.D., Amy Varley, and Charles Siebert, M.D. in addition to Jacob Swift. 3. Due to the expense and time involved in re-issuing subpoenas to each of the 1

Case 1:04-cv-00591-MSK-BNB

Document 191

Filed 08/26/2005

Page 2 of 3

witnesses, the parties request that an order be entered continuing each subpoena until the end of trial on March 3, 2005. None of the parties or witnesses would be prejudiced by this action. The parties, however, may be prejudiced if such an order is not entered because of the expense. WHEREFORE, the parties request that the trial subpoenas originally issued for the August 15, 2005 trial be continued to the February 21, 2006 trial and any other such relief deemed just and necessary. Respectfully submitted,
Duly executed signature on file at the offices of Fleishman & Shapiro P.C.

/s/ Melissa J. Winthers Melissa J. Winthers 1600 Broadway, Suite 2600 Denver, Colorado 80202-4926 Telephone: (303) 861-1000 Facsimile: (303) 894-0857

/s/ David Canter David Canter, Esq. Jonathan A. Cross, Esq. Cross & Liechty, P.C. 400 South Colorado Blvd, Ste 900 Denver, CO 80246 303-333-4122 Fax 303-388-1749

Case 1:04-cv-00591-MSK-BNB

Document 191

Filed 08/26/2005

Page 3 of 3

3