Free Response to Motion - District Court of Colorado - Colorado

Case 1:03-cv-02514-EWN-BNB

Document 83

Filed 05/26/2006

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action Number: KERRY L. COURNOYER, Plaintiff, v. LARRY E. REID, and DAVID D. HOLT. Defendants. 03-cv-2514-EWN-BNB

DEFENDANTS' RESPONSE TO PLAINTIFF'S MOTION FOR CLARIFICATION

DEFENDANTS LARRY E. REID and DAVID D. HOLT, by and through their attorneys, CAIN & HAYTER, LLP, hereby respond to Plaintiff's Motion for Clarification (filed on May 16, 2006 and entered as document number 80 on the Court's docket): 1. Pursuant to the Scheduling Order entered in this matter on November 22, 2005 (document number 54 on the Court's docket), the parties were to designate all experts and provide all materials required by Fed. R. Civ. P. 26(a)(2) on or before January 16, 2006. 2. With respect to a witness who is retained or specially employed to provide expert testimony, Fed. R. Civ. P. Rule 26(a)(2) requires that the disclosure of such expert witness be accompanied by a written report prepared and signed by the witness. The report shall contain a complete statement of all opinions to be expressed and

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Case 1:03-cv-02514-EWN-BNB

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the basis and reasons therefor; the data or other information considered by the witness in forming the opinions; any exhibits to be used as a summary of or in support for the opinions; the qualifications of the witness, including a list of all publications authored by the witness within the preceding ten years; the compensation to be paid for the study and the testimony; and a listing of other cases in which the witness has testified as an expert at trial or by deposition within the preceding four years. 3. Plaintiff's Motion for Extension of Time to Designate a Private Orthopedic Specialist for the Record, and Request for the Court to Order Defendants to Transport Plaintiff to a Private Orthopedic Specialist of His Choice for Evaluation of His Injuries and Treatment Recommendations (filed in this matter on January 23, 2006 and entered as document number 57 on the Court's docket) was filed one week after the deadline to disclose expert witnesses pursuant to Fed. R. Civ. P. Rule 26(a)(2). 4. Plaintiff's disclosure of his expert witness was insufficient pursuant to Fed. R. Civ. P. Rule 26(a)(2) and pursuant to the Order entered on May 1, 2006 (entered as document number 78 on the Court's docket), the Court properly denied Plaintiff's Motion for Extension of Time to Designate a Private Orthopedic Specialist for the Record, and Request for the Court to Order Defendants to Transport Plaintiff to a Private Orthopedic Specialist of His Choice for Evaluation of His Injuries and Treatment Recommendations (filed in this matter on January 23, 2006 and entered as document number 57 on the Court's docket) and Plaintiff's Motion for

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Case 1:03-cv-02514-EWN-BNB

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Transportation to Dr. Weinerman (filed in this matter on February 3, 2006 and entered as document number 60 on the Court's docket). 5. For all the reasons set forth herein, Defendants request that Plaintiff's Motion for Clarification (filed in this matter on May 16, 2006 and entered as document number 80 on the Court's docket) be denied and that the Court's Order of May 1, 2006 (entered as document number 78 on the Court's docket) be affirmed. WHEREFORE Defendants request that Plaintiff's Motion for Clarification (filed in this matter on May 16, 2006 and entered as document number 80 on the Court's docket) be denied and that the Court's Order of May 1, 2006 (entered as document number 78 on the Court's docket) be affirmed. Respectfully submitted this 26th day of May, 2006.

s/ Kristine K. Hayter Kristine K. Hayter, No. 30357 CAIN & HAYTER, LLP 128 South Tejon, Suite 100 Colorado Springs, Colorado 80903 Telephone: (719) 575-0010 Fax: (719) 575-0020 Email: [email protected] Attorneys For Defendants Reid and Holt

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Case 1:03-cv-02514-EWN-BNB

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CERTIFICATE OF SERVICE I hereby certify that on this 26th day of May, 2006, a true and correct copy of the foregoing DEFENDANTS' RESPONSE TO PLAINTIFF'S MOTION FOR CLARIFICATION was filed with the Court via ECF and a copy was placed in the United States Mail, postage prepaid and addressed to the following: Mr. Kerry L. Cournoyer, No. 100304 Colorado State Penitentiary PO Box 777 (E-2-16) Cañon City, Colorado 81215-0999

s/ Kristi Holtzberg Kristi Holtzberg, Paralegal

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