Free Motion for Leave - District Court of Colorado - Colorado

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

Document 137

Filed 07/29/2005

Page 1 of 3

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 03-CV-2633-PSF-PAC LILLIAN BARTON , Plaintiff, vs. CITY AND COUNTY OF DENVER OFFICER R. BLEY, Badge No. 99006 OFFICER N. SAGEN, Badge No. 96-021 OFFICER JOHN DOE MAYOR JOHN HICKENLOOPER, in his official capacity WELLINGTON WEBB, as former Mayor, in his official capacity GERALD R. WHITMAN, Chief of Police, City and County of Denver, in his office capacity only J. WALLACE WORTHAM, JR., former Denver City Attorney, in his official capacity only CHRIS RAMSEY, former Denver Deputy City Attorney, in his official capacity only Defendants and Case No 04-CV-319-PSF-PAC LILLIAN BARTON, Plaintiff, vs. CITY AND COUNTY OF DENVER RICHARD BLEA NICK SAGAN JOSH VASCONCELLOS MAYOR JOHN HICKENLOOPER WELLINGTON WEBB GERALD R. WHITMAN RUDY SANDOVAL J. WALLACE WORTHAM, JR. CHRIS RAMSEY Defendants. UNOPPOSED MOTION FOR LEAVE OF COURT TO TAKE THE DEPOSITION OF LILLIAN BARTON AFTER THE DISCOVERY CUT-OFF

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

Document 137

Filed 07/29/2005

Page 2 of 3

Defendants, the CITY AND COUNTY OF DENVER, OFFICER RICHARD BLEA (incorrectly designated as "Bley"), OFFICER NICK SAGAN (incorrectly designated as "Sagen"), OFFICER JOSH VASCONCELLOS, MAYOR JOHN HICKENLOOPER, WELLINGTON WEBB, GERALD R. WHITMAN, RUDY SANDOVAL, J. WALLACE WORTHAM, JR. and CHRIS RAMSEY (hereinafter "Defendants"), by their attorney, SETH A. RIDER, ESQ. of the law firm of SENTER GOLDFARB & RICE, L.L.C., hereby submit the following Motion for Leave of Court to Take the Deposition of Lillian Barton After the Discovery Cut-off. AS GROUNDS THEREFORE, Defendants state as follows: 1. Pursuant to the Court's submitted Order of June 22, 2005, the discovery cut-off in

this matter is set to occur on August 1, 2005. 2. Due to continuous scheduling conflicts, Defendants have been unable to complete

the deposition of Plaintiff, Lillian Barton. 3. The parties have currently scheduled for Plaintiff's deposition to occur on

August 2, 2005, one day after the discovery cut-off. 4. sought herein. 5. In accordance with D.C.Colo.L.Civ.R. 7.1, the Defendants have conferred with Since no trial has been set in this matter, no party is prejudiced for the relief

Plaintiff, Lillian Barton, regarding this Motion and she has no objection to the relief sought herein. WHEREFORE, Defendants respectfully request leave of Court in order to take the deposition of Plaintiff on August 2, 2005, one day after the discovery cut-off.

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

Document 137

Filed 07/29/2005

Page 3 of 3

Respectfully submitted,

/s/Seth A. Rider Seth A. Rider SENTER GOLDFARB & RICE, L.L.C. Attorneys for Defendants Gerald Whitman, City and County of Denver, Officer Richard Blea, Officer Nick Sagan, Chris Ramsey, Mayor John Hickenlooper, Rudy Sandoval, Wellington Webb, J. Wallace Wortham, Jr. and Officer Josh Vasconsillas 1700 Broadway, Ste. 1700 Denver, Colorado 80290 Telephone: (303) 320-0509 CERTIFICATE OF SERVICE I HEREBY CERTIFY that on this 29th day of July, 2005, I placed a true and exact copy of the above and foregoing UNOPPOSED MOTION FOR LEAVE OF COURT TO TAKE THE DEPOSITION OF LILLIAN BARTON AFTER THE DISCOVERY CUT-OFF was filed electronically with the Court via PACER and served via the U.S. mail, first class postage prepaid, addressed as follows: Lillian Barton 97 Soda Creek Road Evergreen, Colorado 80439

_/s/Marie S. DeSanto____ Marie S. DeSanto Legal Secretary to Seth A. Rider [email protected]

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