Free Brief in Support of Motion - District Court of Colorado - Colorado

Case 1:03-cv-02633-PSF-PAC

Document 252

Filed 06/30/2006

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 03-cv-02633-PSF-PAC LILLIAN BARTON, Plaintiff, v. OFFICER R. BLEY, Badge No. 99006 OFFICER N. SAGEN, Badge No. 96-021 OFFICER JOHN DOE Defendants. and Civil Action No. 04-cv-319-PSF-PAC LILLIAN BARTON, Plaintiff, v. RICHARD BLEA NICK SAGAN JOSH VASCONCELLOS Defendants. ______________________________________________________________________________ DEFENDANTS' REPLY IN SUPPORT OF MOTION TO CONTINUE TRIAL DATE ______________________________________________________________________________ Defendants, OFFICER RICHARD BLEA (incorrectly designated as "Bley"), OFFICER NICK SAGAN (incorrectly designated as "Sagen"), and OFFICER JOSH VASCONCELLOS (hereinafter "Defendants"), by their attorneys, SONJA S. McKENZIE and BRETT A. McDANIEL of SENTER GOLDFARB & RICE, L.L.C., hereby file their Reply in Support of Motion to Continue Trial Date.

Case 1:03-cv-02633-PSF-PAC

Document 252

Filed 06/30/2006

Page 2 of 4

IN REPLY THERETO, Defendants state as follows: 1. Plaintiff agrees that good cause exists to continue the 3-day jury trial currently set

to commence on July 11, 2006. 2. However, in Plaintiff' Response, Plaintiff makes clear her intent to supplement s

the Final Pretrial Order with new and undisclosed witnesses and exhibits. This effort is in direct contradiction to the Court' verbal instructions on June 12, 2006 that there were to be no s amendments to the substance of the Final Pretrial Order previously entered in this matter (other than adding additional stipulated facts). designated witnesses and exhibits. 3. It has been represented verbally to undersigned counsel that Plaintiff wishes to This instruction specifically included the parties'

amend the Final Pretrial Order to include expert witnesses (not previously disclosed by Plaintiff), as well as medical records (never previously disclosed). Thus, Defendants object pursuant to any amending of the Final Pretrial Order to include previously undisclosed medical experts and records and a continuance should not used as an opportunity to engage in late disclosures and endorsements of expert witnesses and documents. 4. Finally, in the event a continuance is granted, Defendants ask that the Court also

order that the trial subpoenas previously served by Defendants on witnesses be continued to the new trial date. WHEREFORE, Defendants renew their request that the Court issue an order continuing the 3-day jury trial currently set for July 12, 2006. Further, Defendants respectfully request that the Court continue the subpoenas previously served, and deny Plaintiff' request to supplement s the Final Pretrial Order with new and undisclosed witnesses and exhibits.

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Case 1:03-cv-02633-PSF-PAC

Document 252

Filed 06/30/2006

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Respectfully submitted, s/ Sonja S. McKenzie

s/ Brett A. McDaniel SENTER GOLDFARB & RICE, L.L.C. 1700 Broadway, Suite 1700 Denver, CO 80290 Telephone: (303) 320-0509 FAX: (303) 320-0210 E-mail: [email protected] [email protected] Attorneys for Defendants Officer Richard Blea, Officer Nick Sagan, and Officer Josh Vasconcellos

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Case 1:03-cv-02633-PSF-PAC

Document 252

Filed 06/30/2006

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CERTIFICATE OF SERVICE I HEREBY CERTIFY that on this 30th day of June, 2006, I electronically filed a true and correct copy of the above and foregoing DEFENDANTS' REPLY IN SUPPORT OF MOTION TO CONTINUE TRIAL DATE with the Court via CM/ECF system which will send notice to: A. Thomas Elliott, Jr. [email protected]

and also served via the U.S. mail, first class postage prepaid, addressed as follows: John Eckhardt, Esq. Assistant City Attorney 201 West Colfax Ave., Dept. 1207 Denver, CO 80202-5375 Officer Richard Blea c/o Civil Liability Bureau 1331 Cherokee Street, Room 504 Denver, CO 80204 Officer Nicholas Sagan c/o Civil Liability Bureau 1331 Cherokee Street, Room 504 Denver, CO 80204 Officer Josh Vasconcellos c/o Civil Liability Bureau 1331 Cherokee Street, Room 504 Denver, CO 80204

s/ Kathleen Bertz Kathleen Bertz E-mail: [email protected] Secretary for Attorney Brett A. McDaniel

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