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

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UNITED STATES DISTRICT COURT DISTRICT OF COLORADO Civil Action No. 04 M 2328 (OES) GREG JOSEPH GONZALES, by and through his next friend, JUNE BRAVO Plaintiffs, v.

OFFICER BRETT C. TITUS, in his official and personal capacity, and CITY AND COUNTY OF DENVER, Defendants. CONTESTED MOTION FOR ENLARGEMENT OF TIME

Plaintiff Greg Gonzales, by and through counsel Brian DeBauche, Esq., hereby submits the following Motion for Enlargement of Time for written discovery deadlines. IN SUPPORT THEREOF, Defendant states as follows: 1. Pursuant to the last Minute Order entered by the Court, granting Defendant Titus'

Unopposed Motion for Third Enlargement of Time, the parties' discovery cutoff was extended to October 4, 2005. 2. To date, the parties have conducted significant amounts of written discovery and

completed various depositions, one of which was of the defendant Officer Brett Titus. 3. During his deposition Officer Titus indicated that Dog Utilization Reports are

generated after every deployment of his dog Oscar, and that those reports exist for every deployment. These specific records provide an indication of the propensity of the dog. These were records specifically requested from the City of Denver, on both the use of force reports for

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deployment of the dog, and dog utilization reports, for the last three years. See, Denver's Responses to Plaintiff's First Requests for Production, Number Three. The response to this Request indicated the records would be provided upon receipt from the Department. To date no such records were provided. 4. The parties executed a stipulated protective order for all such records at the end of

April, and such stipulation was filed April 29, 2005. 5. Based primarily on the results of the depositions Plaintiff investigated further and

unearthed impeaching information that is not yet reduced to a report. This information is written discovery that is not yet disclosed. 6. Counsel is requesting an additional seven days' time to negotiate the production

of these records, or to file a Motion to Compel such records. Counsel attempted to confer with all opposing counsel regarding the content of this Motion. 7. Since trial has not been set in this matter, none of the parties are prejudiced or

burdened by the relief sought herein. Further, the Plaintiff can certify that three prior extensions were requested in this matter. a. Defendants requested the First Unopposed Extension of Time on March 1st, 2005 to calendar necessary depositions after written discovery was completed. b. Defendants requested the Second Unopposed Extension of Time on April 15, 2005 to accommodate discovery disclosed under a protective order for the Defendant Officer, and to seek medical records from Plaintiff under signed releases.

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c. Defendants requested their third Unopposed Extension of Time on July 28, 2005 to include several depositions after Plaintiffs medical and educational records were produced pursuant to executed releases. 8. Pursuant to D.C.COLO.LCivR 7.1, undersigned counsel certifies that he

conferred with defense counsel for Titus and the City and County of Denver and that the parties disagree that such an enlargement of time is necessary. Both Defendants oppose any extension of time. 9. Pursuant to D.C.COLO.LCivR 6.1, undersigned counsel certifies that a copy of

this motion has been served upon the client and all counsel of record. WHEREFORE, Plaintiff respectfully requests an extension of the discovery cut-off up to and including October 11, 2005. Respectfully Submitted, Brian DeBauche & Associates, L.L.C.

By: ______________________________ Brian DeBauche, Esq. Registration No. 28593 401 Kalamath St. Denver, CO 80204 (303) 571-5023

CERTIFICATE OF MAILING I HEREBY CERTIFY that on October 4, 2005 a true and correct copy of the foregoing MOTION FOR ENLARGEMENT OF TIME was placed in the U.S. Mail, first class postage paid, and addressed to: 3

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Thomas Rice, Esq. Senter Goldfarb & Rice, L.L.C. P.O. Box 22833 Denver CO 80222-0833 David Bruno, Esq. Bruno, Bruno & Colin, P.C. 1560 Broadway, Ste. 1099 Denver, CO 80202-5143 Thomas Bigler, Esq. Assistant City Attorneys Civil Litigation Practice Group 201 W. Colfax Ave., Dept. 1108 Denver, CO 80202

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00173767

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