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

Case 1:03-cv-02608-WDM-MJW

Document 47

Filed 09/05/2006

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 1:03 ­ cv ­ 02608 ­ WDM - MJW LORNA FOOSHEE, individually, as personal representative of the estate of MICHAEL FOOSHEE, deceased, and as parent of DARLEN FOOSHEE, a minor; RICK FOOSHEE, and MARILYN FOOSHEE Plaintiff, v. MYLAN PHARMACEUTICALS, INC. and UNITED STATES OF AMERICA Defendants. PLAINTIFF'S MOTION FOR ENLARGMENT OF TIME TO DISCLOSE EXPERT WITNESSES Come now the Plaintiffs, by and through undersigned counsel, and hereby moves the court as follows: CERTIFICATE OF CONFERENCE 1. The undersigned has attempted to confer with opposing counsel by

telephone, but has not completed the process. The motion must be filed today to be considered timely. Agreement is anticipated and this certificate will be supplemented. MOTION 2. Currently expert witness disclosures are due from the Plaintiffs on

September 5, 2006. Plaintiffs' counsel has over the last several weeks been involved in two major projects. First, the undersigned and opposing counsel in a case styled Stalcup, et. al. v. Schlage Lock, Inc., et. al., Case No. 02-CV-01188 ­REB-MEH, submitted on Friday

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Case 1:03-cv-02608-WDM-MJW

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Filed 09/05/2006

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September 1, [see docket numbers 245 and 246] various motions, stipulations and supporting documents relating to approval of a class action settlement involving 3,000 property owners pursuant to Rule 23. In addition, the undersigned has been preparing for trial in Freemont County in a case called Meador v. Banker, et. al., Case No.03-CV-492., which is set to begin later this month. Many pretrial deadlines have also occurred within the last two weeks, and there has been much travel associated with expert witness depositions. As a result, the undersigned has been occupied with matters other than completing expert disclosures in the instant case. 3. Accordingly, Plaintiffs request up to and including October 6, 2006, within

which to disclose expert witnesses. A reciprocal enlargement of time, up to and including November 6, 2006, is requested for defense experts. These are extensions of 30 days. 4. This motion is not made for purposes of delay but so that the expert Extending these deadlines will not

witnesses disclosures may be thoroughly presented.

jeopardize any of the other pretrial matters. For example, a Settlement Conference is set for October 30, 2006, discovery is set to conclude January 31, 2007, and the Final Pretrial Conference is set for June, 2007. None of these dates need to be changed to accommodate the requested extension. Respectfully submitted this 5th day of September 2006. s/D. Robert Jones D. Robert Jones, #25393 219 W. Colorado Ave, #210 Colorado Springs, CO 80903 (719) 630-1556 Attorney for Plaintiffs

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Case 1:03-cv-02608-WDM-MJW

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Filed 09/05/2006

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CERTIFICATE OF MAILING I hereby certify that on 5th day of September, 2006, I electronically filed the foregoing with the Clerk of Court using the CM/ECF system which will send notification of such filing. I hereby certify that I have mailed or served the document or paper to the following non CM/ECF participants in the manner indicated by the nonparticipant's name: Kurt J. Bohn, Esq. Assistant United States Attorney 1225 Seventeenth Street, Suite 700 Denver, CO 80202 Counsel for the United States of America Michael Matthews, Esq. Jackson Kelly 1099 18th St. #2150 Denver, CO 80202 Attorney for Defendant Mylan Clem C. Trishler, Esq. Pietragallo, Bosick & Gordon The Thirty-Eighth Floor One Oxford Center Pittsburgh, PA 15219 Co-Counsel for Defendant Mylan

s/Summer Humphreys

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