Free Motion for Miscellaneous Relief - District Court of Colorado - Colorado

Case 1:03-cv-02671-RPM

Document 47

Filed 02/01/2007

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 03-cv-2671-RPM-OES JOHNNY WELLS, DONALD J. BROOKINS, and RILEY ANDREW SCHAEFFER, on behalf of themselves and all others similarly situated, Plaintiffs, vs. GANNETT RETIREMENT PLAN and GANNETT CO., INC. Defendants. ____________________________________________________________________________ JOINT MOTION FOR MODIFICATION OF SCHEDULING ORDER _____________________________________________________________________________ Plaintiffs and Defendants, through their undersigned counsel, hereby move the Court to modify the Scheduling Order in this action to enlarge the time provided for discovery to be conducted. As grounds, the parties state as follows: 1. In an effort to avoid prolonged and expensive discovery, the parties have been working together for several months to arrive at a stipulation of facts regarding the benefits provided under the Gannett Retirement Plan for participants in various age and service categories. While that process has taken longer than the parties anticipated, the parties are pleased to report that they have made considerable progress which the parties anticipate will not only substantially reduce the scope of further non-expert discovery but eliminate the need for the Court to resolve disputed issues of fact regarding numerous issues in the case.

Case 1:03-cv-02671-RPM

Document 47

Filed 02/01/2007

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2. Now that the parties are nearing the completion of that process they will need time to exchange their respective expert reports and conduct any necessary expert discovery. For that reason, the parties request that the Section 2 of the Scheduling Order be modified to provide, in pertinent part, as follows: 2. CASE PLAN AND SCHEDULE a. Discovery Cut-off Date: April 30, 2007 for all non-expert discovery; May 23, 2007 for all expert discovery. b. c. Dispositive Motion Deadline: July 20, 2007 Expert Witness Disclosure: (3) The plaintiffs shall designate all liability experts and provide opposing counsel and any pro se party with all information specified in Fed.R.Civ.P. 26(a)(2) on or before March 12, 2007. (4) The defendants shall designate all rebuttal experts on liability and provide opposing counsel and any pro se party with all information specified in Fed.R.Civ.P. 26(a)(2) on or before April 30, 2007. (5) All expert disclosure as to damages will be conducted, if necessary, following the Court's ruling on any dispositive motions. Respectfully submitted: February 1, 2007. HILL & ROBBINS, P.C. By: s/ Robert F. Hill Robert F. Hill John H. Evans Hill & Robbins, P.C. 100 Blake Street Building 1441 Eighteenth Street Denver, CO 80202 Telephone: (303) 296-8100 Douglas R. Sprong NIXON PEABODY, LLP By: s/ Margaret A. Clemens Margaret A. Clemens Nixon Peabody LLP Clinton Square, P.O. Box 31051 1300 Clinton Square Rochester, NY 14603-1051 Telephone: (585) 263-1000

Michael S. Beaver

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Case 1:03-cv-02671-RPM

Document 47

Filed 02/01/2007

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Korein Tillery LLC 701 Market Street, Suite 300 St. Louis, MO 63101-1820 Telephone: (314) 241-4844 Attorneys for Plaintiffs

Gregory B. Eurich Holland & Hart LLP 8390 East Crescent Parkway Suite 400 Greenwood Village CO 80111 Telephone: (303) 290-1600 Attorneys for Defendant

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