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

Case 1:03-cv-02328-RPM-CBS

Document 42

Filed 07/28/2005

Page 1 of 3

UNITED STATES DISTRICT COURT DISTRICT OF COLORADO Civil Action No. 03-cv-2328-RPM-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. UNOPPOSED MOTION FOR THIRD ENLARGEMENT OF TIME

Defendant, BRETT C. TITUS (hereinafter "Defendant"), by his attorney, SETH A. RIDER, of the law firm of SENTER GOLDFARB & RICE, L.L.C., hereby submits the following Unopposed Motion for a Third Enlargement of Time for the following deadlines: IN SUPPORT THEREOF, Defendant states as follows: 1. Pursuant to the Minute Order entered by the Court on April 18, 2005, granting

Defendant's Unopposed Motion for a Second Enlargement of Time, the discovery cutoff in this matter is set for August 1, 2005. Similarly, the dispositive motion deadline is scheduled for September 1, 2005. 2. To date, the parties have conducted significant amounts of written discovery and

are currently holding August 19, 2005, August 23, 2005 and September 27, 2005 for the depositions of Greg Gonzales, eye witnesses, expert witnesses, Defendant Titus and 30(b)(6)

Case 1:03-cv-02328-RPM-CBS

Document 42

Filed 07/28/2005

Page 2 of 3

witnesses respectively.

Additionally, the parties have completed the disclosure of experts

pursuant to Fed. R. Civ. P. 26(a)(2) at this time. 3. Due to an unforeseen delay in the receipt of executed authorizations for the

release of Plaintiff's medical records and educational records, due to ongoing discussions regarding the form of the releases, Defendants have been unable to obtain documents responsive to these releases at this time. Such records are necessary for the upcoming depositions. 4. Accordingly, the parties seek an additional extension of sixty (60) days for the

above referenced deadlines. Therefore, the parties seek an extension of time up to and including October 3, 2005 for the discovery cutoff and an extension of the dispositive motion deadline up to and including November 4, 2005. 5. Since trial has not been set in this matter, none of the parties are prejudiced or

burdened by the relief sought herein. Further, the parties certify that only two prior extensions have been requested in this matter. 6. Pursuant to D.C.COLO.LCivR 7.1, undersigned counsel certifies that he

conferred with Plaintiff's counsel, co-defense counsel and defense counsel for the City and County of Denver and that all parties agree that such an enlargement of time is necessary. 7. Pursuant to D.C.COLO.LCivR 6.1, undersigned counsel certifies that a copy of

this motion has been served upon the clients and all counsel of record. WHEREFORE, Defendant respectfully requests an extension of the discovery cutoff up to and including October 3, 2005 and an extension of the dispositive motion deadline up to and including November 4, 2005.

2

Case 1:03-cv-02328-RPM-CBS

Document 42

Filed 07/28/2005

Page 3 of 3

Respectfully submitted,

By:___/s Seth A. Rider________________ Seth A. Rider, Esq. SENTER GOLDFARB & RICE, L.L.C. Attorney for Defendant Titus 1700 Broadway, Ste. 1700 Denver CO 80290 Telephone: 303-320-0509 Facsimile: 303-320-0210 DC Box 25

CERTIFICATE OF SERVICE I HEREBY CERTIFY that on this 28th day of July, 2005, I electronically filed a true and correct copy of the above and foregoing UNOPPOSED MOTION FOR THIRD ENLARGEMENT OF TIME with the Clerk of Court using the CM/ECF system which will send notification of such filing to the following email addresses: [email protected] [email protected] [email protected]

__/s/Marie S. DeSanto______________ E-mail: [email protected] Secretary for Attorney Seth A. Rider

3

00190707