Free Supplement/Amendment - District Court of Colorado - Colorado

Case 1:03-cv-02671-RPM

Document 40-2

Filed 07/10/2006

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO

JOHNNY WELLS, DONALD J. BROOKINS, and RILEY ANDREW SCHAEFFER, on behalf of themselves and all others similarly situated, Plaintiffs, -vGANNETT RETIREMENT PLAN and GANNETT CO., INC. Defendants. ____________________________________________________________________________ MODIFICATION TO SCHEDULING ORDER ____________________________________________________________________________ 1. EXISTING SCHEDULING ORDER A Scheduling Order was entered in this action on July 1, 2005, which was to govern the course of proceedings through such time as the Court ruled on Plaintiffs' request for class certification. On June 1, 2006 the Court entered its order certifying this as a class action pursuant to F.R.C.P. 23(b)(2) on behalf of two classes of participants in the Gannett Retirement Plan. This Modification to that Scheduling Order provides the Case Plan and Schedule that will govern the remainder of the proceedings in this action. The Scheduling Order entered on July 1, 2005 shall continue to apply except as specifically modified herein. 2. CASE PLAN AND SCHEDULE a. Discovery Cut-off Date: December 1, 2006 for all non-expert discovery; Civil Action No. 03-cv-2671-RPM-OES

February 28, 2006 for all expert discovery. b. c.
10031805.1

Dispositive Motion Deadline: April 30, 2007 Expert Witness Disclosure:

Case 1:03-cv-02671-RPM

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Filed 07/10/2006

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(1) (2)

State anticipated fields of expert testimony, if any. Actuarial Science. State any limitations proposed on the use or number of expert witnesses. Two per side.

(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 October 1, 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 November 1, 2006.

(5)

Notwithstanding the provisions of Fed.R.Civ.P. 26(a)(B), no exception to the requirements of the rule will be allowed by stipulation of the parties unless the stipulation is approved by the court.

d.

Non-Expert Deposition Schedule
Date of Deposition To be determined To be determined To be determined To be determined To be determined To be determined To be determined Time of Deposition To be determined To be determined To be determined To be determined To be determined To be determined To be determined Expected Length of Deposition not to exceed 7 hours not to exceed 7 hours not to exceed 7 hours not to exceed 14 hours not to exceed 7 hours not to exceed 14 hours not to exceed 7 hours

Name of Deponent Johnny Wells Donald J. Brookins Riley Andrew Schaeffer Gannett Co., Inc. Benefits Executive Gannett Retirement Plan Rule 30(b)(6) Towers Perrin Rule 30(b)(6) Christopher W. Baldwin

e. f. g.

Interrogatory Schedule. None. Schedule for Request for Production of Documents. None. Discovery Limitations: (1) Any limits which any party wishes to propose on the number of depositions. The parties have agreed that, absent a showing of good cause, the number of non-expert depositions shall be limited to five (5) per side.

Case 1:03-cv-02671-RPM

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Filed 07/10/2006

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(2)

Any limits which any party wishes to propose on the length of depositions. The parties have agreed that, absent a showing of good cause, the length of non-expert depositions shall be limited to seven (7) hours with the exception of the Gannett Co., Inc. Benefits Executive and the Tower Perrin Rule 30(b)(6) deposition.

(3)

Modifications which any party proposes on the presumptive numbers of depositions or interrogatories contained in the federal rules. None.

(4)

Limitations which any party proposes on number of requests for production of documents and/or requests for admissions. The number of requests for production of documents and/or requests for admissions (excluding requests for admissions solely to authenticate documents) shall be thirty (30) of each.

(5)

Other Planning or Discovery Orders. None.

DATED this ____ day of ______________, 2006. BY THE COURT: __________________________________________ Richard P. Matsch, Senior District Judge APPROVED: HILL & ROBBINS, P.C. By: s/ Robert F. Hill Robert F. Hill John H. Evans 100 Blake Street Building 1441 Eighteenth Street Denver, CO 80202 Telephone: (303) 296-8100 Douglas R. Sprong KOREIN TILLERY LLC 701 Market Street, Suite 300 St. Louis, MO 63101-1820 Telephone: (314) 241-4844 Attorneys for Plaintiffs NIXON PEABODY LLP By: s/ Margaret A. Clemens Clinton Square, P.O. Box 31051 1300 Clinton Square Rochester, NY 14603-1051 Telephone: (585) 263-1000 Michael S. Beaver Gregory B. Eurich HOLLAND & HART LLP 8390 East Crescent Parkway, Ste. 400 Greenwood Village CO 80111 Telephone: (303) 290-1600 Attorneys for Defendant