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

Case 1:03-cv-02669-MSK-PAC

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Filed 03/27/2006

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Case No. 03-cv-2669-MSK-PAC LEPRINO FOODS COMPANY, Plaintiff, v. BIG-D CONSTRUCTION CORP. - CALIFORNIA, a Utah corporation; BIG-D CONSTRUCTION CORP., a Utah corporation; BIG-D CORPORATION, a Utah corporation; BIG-D CAPITAL CORP., a Wyoming corporation; and Does 1-100, inclusive, Defendants/Counterclaimants, BIG-D CONSTRUCTION CORP. - CALIFORNIA, a Utah corporation; BIG-D CONSTRUCTION CORP., a Utah corporation; and Does 1-100, inclusive, Third Party Plaintiffs, v. MARELICH MECHANICAL CO., INC. dba UNIVERSITY MARELICH MECHANICAL, a California corporation, Third Party Defendant. MARELICH MECHANICAL CO., INC. dba UNIVERSITY MARELICH MECHANICAL, a California corporation, Third Party Plaintiff/Counterclaimant, v. BIG-D CONSTRUCTION CORP. - CALIFORNIA, a Utah corporation; FEDERAL INSURANCE COMPANY, an Indiana corporation; and Roes 20 through 80, inclusive, Counterdefendant/Third Party Defendants.

Case 1:03-cv-02669-MSK-PAC

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STIPULATED JOINT MOTION FOR ENLARGEMENT OF TIME TO SUBMIT OBJECTIONS TO FINAL EXHIBIT LISTS ­ AND ­ CERTIFICATE OF COMPLIANCE WITH D.C.COLO.LCivR 6.1D

Plaintiff Leprino Foods Company ("Leprino"), Defendants Big-D Construction Corp.- California, Big-D Construction Corp., Big-D Corporation, Big-D Capital Corp., and Federal Insurance Company (collectively, "Big-D"), and Third-party Defendant Marelich Mechanical Co., Inc. d/b/a University Marelich Mechanical ("UMM"), each through their counsel, respectfully submit this Stipulated Joint Motion for Enlargement of Time to Submit Objections to Final Exhibit Lists ­ and ­ Certificate of Compliance with D.C.COLO.LCivR 6.1D. As grounds therefor, the Parties state as follows: 1. On March 9, 2006, the Court entered an Order Granting Stipulated Joint

Motion to Extend Deadlines, which set the deadline for the parties to submit their Final Exhibit Lists to the Court for attachment to the Final Pre-Trial Order on March 22, 2006. At the parties' joint request, the Court's March 9th Order had extended the deadline to exchange Final Exhibit Lists from March 13, 2006 until March 22, 2006. 2. Once the parties' Final Exhibit Lists were submitted, the deadline to

exchange and submit written objections to the proposed exhibits was originally set for March 27, 2006. (e.g., 14 days after the original deadline to exchange the Final Exhibit Lists on March 13, 2006). By inadvertence of the parties, however, although the March 9th Order extended the date to exchange the Final Exhibit Lists, it did not extend the deadline to consider those lists and to submit written objections to the proposed evidence. Thus, the deadline for all parties to submit written objections to the final

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Exhibits Lists is today, March 27, 2006 (e.g., only 5 days after the March 22nd deadline to exchange the Final Exhibit Lists). 3. Per the Court's previous orders, the parties are required to submit a joint,

final exhibit list on April 3, 2006 (e.g., prior to the Final Trial Preparation Conference on April 5, 2006). 4. Each of the parties complied with Court's March 9th Order, and exchanged

and submitted their Final Exhibit Lists to the Court on March 22, 2006. 5. The three Final Exhibit Lists submitted by the parties on March 22, 2006,

identified hundreds of documents that the parties intend to reference during trial. 6. The next day, on Thursday, March 23, 2006, counsel for the parties met

and conferred regarding the need to finalize the three separate exhibit lists into a single, joint, final exhibit list prior to April 3, 2006. Counsel generally agreed that this process will take several necessary steps, including a) reviewing the complete exhibit lists proposed by each of the parties; b) extensive meet-and-confer efforts to eliminate all duplicate exhibits; c) the assembly and organization of a joint, final exhibit list--which the parties anticipate will still encompass hundreds of documentary exhibits; and d) once the joint, final exhibit list has been compiled, the identification of those specific documents that the parties will stipulate as admissible into evidence, and those documents to which there are specific objections as to authenticity. // //

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7.

Despite commencing their efforts immediately after the exchange of the

Final Exhibit Lists, the parties cannot complete this process in time to submit written objections to each of the thousands of documents identified on the separate Final Exhibit Lists by the end of today, March 27, 2006. 8. Accordingly, the parties jointly propose to continue their meet-and-confer

efforts in order to file with the Court a joint, final exhibit list on or before April 3, 2006. The parties will then continue the meet and confer process both prior to and after the Final Trial Preparation Conference on April 5, 2006 in order to identify each of those specific exhibits on the joint, final exhibit list that may be stipulated into evidence, or which will face evidentiary challenge as to authenticity. Although additional objections will be identified, the parties intend to reserve specific objections as to the contents of the proposed documents (e.g., hearsay) for ruling at the time of trial. 9. By culling the three separate exhibit lists, conferring on which exhibits may

be stipulated into evidence, and identifying those which will face serious evidentiary challenge, the parties believe that this process will ultimately expedite the trial process and therefore preserve judicial resources. 10. Accordingly, the Parties request modification of the Court's previous

orders, such that the new dates concerning the submission of the joint, final exhibit list shall be as follows: // // //

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Deadline Deadline to submit written objections to documents on Final Exhibit Lists. Deadline to file joint, final Exhibit List.

Current March 27, 2006. April 3, 2006

Requested N/A April 3, 2006 April 28, 2006

Deadline to submit two (2) copies of all trial exhibits April 28, 2006 to Court in binders, along with identification of all exhibits that will be stipulated into evidence or challenged on grounds of authenticity (e.g., three days before trial).

11.

Because these new deadlines will not delay the submission of the joint,

final exhibit list on April 3, 2006, these extensions will not unduly delay these proceedings or otherwise interfere with the administration of justice. 12. Pursuant to D.C.COLO.LCivR 6.1D, a copy of this motion is being served

upon each party. WHEREFORE, the Parties respectfully request a modification of deadlines as addressed above.

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Respectfully submitted this 27nd day of March 2006. LEPRINO FOODS COMPANY BIG-D CONSTRUCTION CORP.CALIFORNIA, BIG-D CONSTRUCTION CORP., BIG-D CORPORATION, BIG-D CAPITAL CORP., and FEDERAL INSURANCE COMPANY

s/ Michael G. Bohn Michael G. Bohn Bret M. Heidemann Campbell Bohn Killin Brittan & Ray, LLC 270 St. Paul Street, Suite 200 Denver, Colorado 80206 (303) 322-3400 (phone) (303) 322-5800 (fax) [email protected] [email protected] Patrick T. Markham Jacobson & Markham 8880 Cal Center Drive, #100 Sacramento, California 95826 Telephone: (916) 854-5969 Facsimile: (916) 854-5965 [email protected]

s/ Christopher J. Hersey Francis J. Hughes Christopher J. Hersey Miller, Morton, Caillat & Nevis, LLP 50 West San Fernando St., Ste. 1300 San Jose, California 95113-2413 (408) 292-1765 (phone) (408) 292-4484 (fax) [email protected] [email protected] Patrick Q. Hustead John D. Mereness The Hustead Law Firm 4643 S. Ulster Street, Suite 1250 Denver, Colorado 80237 Telephone: (303) 721-5000 [email protected] [email protected]

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MARELICH MECHANICAL CO., INC. dba UNIVERSITY MARELICH MECHANICAL

s/ Peter J. Ippolito Peter J. Ippolito McKenna Long & Aldridge, LLP 750 B Street, Suite 3300 San Diego, California 92101 Telephone: (619) 595-5400 Facsimile: (619) 595-5450 [email protected] Richard C. Kaufman McKenna Long & Aldridge, LLP 1875 Lawrence Street, Suite 200 Denver, Colorado 80202 Telephone: (303) 634-4000 Facsimile: (303) 634-4400 [email protected]

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UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO CERTIFICATE OF SERVICE (CM/ECF) I hereby certify that on March 27, 2006 I electronically filed the foregoing named document: STIPULATED JOINT MOTION FOR ENLARGEMENT OF TIME TO SUBMIT OBJECTIONS TO FINAL EXHIBIT LISTS -ANDCERTIFICATE OF COMPLIANCE WITH D.C.COLO.LCivR 6.1D with the Clerk of the Court using the CM/ECF system which will send notification of such filing to the following e-mail addresses: Michael Gerard Bohn [email protected] [email protected] Bret Matthew Heidemann [email protected] [email protected] Francis (Frank) J. Hughes [email protected] [email protected] Patrick Quinn Hustead [email protected] Peter J. Ippolito [email protected] Richard Carl Kaufman [email protected] [email protected] Patrick T. Markham [email protected] [email protected] John David Mereness [email protected] C. Michael Montgomery [email protected] [email protected] [email protected] Daniel James Nevis [email protected] [email protected] N. Kathleen Strickland [email protected] [email protected] Laurence R. Phillips [email protected] [email protected]

And, I hereby certify that I have mailed or served the document or paper to the following non CM/ECF participants in the manner (mail, hand-delivery, etc.) indicated by the non-participant's name: s/ Gail M. Inouye________ Gail M. Inouye