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

Case 1:03-cv-02462-WYD-PAC

Document 79

Filed 01/17/2006

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UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 03-CV-2462-WYD-PAC BOBBY PADILLA, Plaintiff, v. SAN LUIS CENTRAL RAILROAD COMPANY, Defendant. ______________________________________________________________________________ DEFENDANT'S UNOPPOSED MOTION FOR EXTENSION OF DISCOVERY DEADLINE ______________________________________________________________________________ Defendant moves this Court to extend the deadline for Plaintiff to complete the supplementary deposition of Henry Roth, M.D., to and including January 26, 2006. As grounds for this motion, Defendant states: 1. The undersigned certifies that he has conferred with opposing counsel concerning

this motion, and opposing counsel states that he consents to the relief requested herein. 2. On December 27, 2005, this Court extended the discovery deadline to January 20,

2006, for the sole purpose of allowing Plaintiff to complete a supplementary deposition of Henry Roth, M.D. Pursuant to that Order, the parties and Dr. Roth scheduled the deposition to occur on January 17, 2006. 3. Dr. Roth underwent surgery in early January, 2006, and anticipated that he would

be sufficiently recovered to be deposed on January 17, 2006. However, on January 16, 2006, the

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Case 1:03-cv-02462-WYD-PAC

Document 79

Filed 01/17/2006

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undersigned was notified by Dr. Roth's assistant that Dr. Roth was not sufficiently recovered from his surgery to be deposed on January 17, 2006. 4. Counsel and Dr. Roth's assistant have tentatively rescheduled the supplementary

deposition to occur on January 26, 2006, at 3:00 p.m., subject to receiving this Court's approval of the additional extension of time. s/ Evan S. Lipstein Evan S. Lipstein Law Offices of Evan S. Lipstein PC 12600 West Colfax Avenue, Suite C-400 Lakewood, Colorado 80215 Telephone: 303-232-5151 Fax: 303-232-5161 Email: [email protected] Attorneys for Defendant

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Case 1:03-cv-02462-WYD-PAC

Document 79

Filed 01/17/2006

Page 3 of 3

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO CERTIFICATE OF SERVICE (CM/ECF) I hereby certify that on January 17, 2006, I electronically filed the foregoing DEFENDANT'S UNOPPOSED MOTION FOR EXTENSION OF DISCOVERY DEADLINE, together with the proposed form of Order thereon, with the Clerk of Court using the CM/ECF system which will send notification of such filing to the following e-mail addresses: Jack Kintzele, Esq. [email protected] Attorney for Plaintiff s/ Evan S. Lipstein Evan S. Lipstein Law Offices of Evan S. Lipstein PC 12600 West Colfax Avenue, Suite C-400 Lakewood, Colorado 80215 Telephone: 303-232-5151 Fax: 303-232-5161 Email: [email protected] Attorneys for Defendant

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