Free Proposed Scheduling Order - District Court of Colorado - Colorado

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

Document 154

Filed 11/02/2005

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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; and 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; FRICK COMPANY, and Roes 20 through 80, inclusive, Counterdefendant/Third Party Defendants. SUBMISSION OF THIRD AMENDED SCHEDULING ORDER - AND REQUESTED MODIFICATIONS

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

Document 154

Filed 11/02/2005

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Pursuant to the Court's Minute Order dated October 18, 2005, Order dated October 28, 2005, and Courtroom Minutes/Minute Order dated November 1, 2005, the parties, through their counsel, respectfully submit the Third Amended Scheduling Order, which is filed contemporaneously herewith. In preparing the order, the parties have observed scheduling problems with two deadlines related to expert witnesses. First, the Court changed the deadline for affirmative expert disclosures to December 23, 2005, and the deadline for the completion of expert depositions to January 6, 2006, leaving only two weeks for the parties to schedule and conduct expert depositions during the holiday season. Second, the Court did not change the deadline for designation of rebuttal experts from the October 20, 2005 deadline contained in the previous scheduling order. Accordingly, the parties respectfully request that the Court adjust the deadline for the designation of rebuttal experts and the deadline for completion of expert depositions, to allow the parties sufficient time to conduct expert witness discovery. Consequently, the parties respectfully request that the Court reschedule the final pretrial conference currently set on February 6, 2006, at 9:00 a.m. Based on the foregoing, the parties respectfully recommend and request that the Court make the following changes to the Third Amended Scheduling Order: (i) January 23, 2006, as the deadline for the d esignation of rebuttal experts; (ii) February 22, 2006, as the deadline for completion of expert depositions; and (iii) reschedule the Final Pretrial Conference and the deadline for the submission of a proposed Final Pretrial Order to sometime after February 22,

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

Document 154

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2006. In light of the requested modifications, those deadlines in the Third Amended Scheduling Order have been left blank. The parties also wish to advise the Court that, in their opinion, the length of the trial of this case will take longer than the fourteen days for which it is currently scheduled. Leprino and UMM believe the trial should take approximately 20 days and Big-D believes the trial should take approximately 30 days. Further, the parties wish to advise the Court that counsel for F rick Company respectfully requested that the signature blocks for Frick Company's counsel be removed from this document and the Third Amended Scheduling Order because of Frick Company's pending motion to dismiss and the fact that Frick Company has not participated in any of the prior scheduling orders. Pursuant to that request, Frick Company is not a signatory to this submission and it has not approved the Third Amended Scheduling Order. Respectfully submitted this 2nd day of November 2005. LEPRINO FOODS COMPANY BIG-D CONSTRUCTION CORP.CALIFORNIA, BIG-D CONSTRUCTION CORP., BIG-D CORPORATION, BIG-D CAPITAL CORP., and FEDERAL INSURANCE COMPANY s/ Daniel J. Nevis Francis J. Hughes Daniel J. Nevis 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]

s/ Bret M. Heidemann 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]

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

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Patrick T. Markham Jacobson & Markham 8880 Cal Center Drive, #100 Sacramento, California 95826 Telephone: (916) 854-5969 Facsimile: (916) 854-5965 [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]

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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