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

Case 1:03-cv-02671-RPM

Document 43

Filed 10/02/2006

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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: 1. Over the course of the past several months, the parties have been working together to arrive at a stipulation of facts regarding the benefits provided under the Gannett Retirement Plan for participants in various age and service categories. An agreement as to such facts, and others to which the parties hope to be able to stipulate, may substantially reduce the scope of further discovery that might be needed and will eliminate the need for the Court to resolve disputed issues of fact on the significant issues in the case.

Case 1:03-cv-02671-RPM

Document 43

Filed 10/02/2006

Page 2 of 3

2. It is anticipated that least several more weeks will be required for the Defendants to complete the benefit calculations needed for the stipulation, and that Plaintiffs will need some additional time beyond that to analyze and confirm their agreement with those calculations. To provide for that additional time and allow for the completion of other discovery related tasks set forth in the Scheduling Order, the parties request that the Section 2 of the Order be modified to provide, in pertinent part, as follows: 2. CASE PLAN AND SCHEDULE a. Discovery Cut-off Date: March 1, 2007 for all non-expert discovery; April 1, 2007 for all expert discovery. b. c. Dispositive Motion Deadline: June 30, 2007 Expert Witness Disclosure: (3) The parties shall designate all 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 December 15, 2006. (4) The parties shall designate all rebuttal 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 February 1, 2007. Respectfully submitted: October 2, 2006 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 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

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Case 1:03-cv-02671-RPM

Document 43

Filed 10/02/2006

Page 3 of 3

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

Michael S. Beaver 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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