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

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

Document 64

Filed 11/18/2005

Page 1 of 2

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 03-CV-02462 WYD-PAC

BOBBY L. PADILLA Plaintiff, v SAN LUIS CENTRAL RAILROAD COMPANY, Defendant.

STIPULATED MOTION TO EXTEND THE TIME PERIOD TO DISCLOSE A REBUTTAL EXPERT WITNESS TO HENRY ROTH, MD UNTIL DECEMBER 8, 2005.

DUTY TO CONFER Pursuant to D.C.Colo.LCiv.R. 7.1 A., before filing this

Motion, John A. "Jack" Kintzele obtained consent to this Motion from Evan Lipstein, Esquire. BASIS FOR MOTION 1. On or shortly after October 10, 2005, counsel for

the plaintiff received the 40-page report of Henry Roth, MD. Please see Exhibit One (1) attached. 2. During this time period that plaintiff's counsel

office was without proper administrative assistance through no fault of plaintiff's counsel. That problem has recently been

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

Document 64

Filed 11/18/2005

Page 2 of 2

remedied.

If this Honorable Court would like more details,

counsel for the plaintiff is happy to provide them. 3. The current deadline is December 1, 2005, which

would have been a generous amount of time and that date may yet be met; however, the doctor's office very recently changed plaintiff's appointment date from November 23, 2005 to

November 30, 2005. Respectfully Submitted, s/John A. "Jack" Kintzele_____ John A. "Jack" Kintzele, #1842 Attorney for Plaintiff 1317 Delaware Street Denver, Colorado 80204 Telephone: 303-892-6494 FAX: 303-893-2053 E-mail: [email protected] Attorney for Plaintiff Certificate of Mailing On this the 18th day of November 2005 a copy of the above was electronically filed and/or mailed, postage prepaid to: Bobby Padilla P.O. Box 2817 Espanola, NM 87532 Evan S. Lipstein, Esq. 12600 West Colfax Avenue, #C-400 Lakewood, CO 80215 s/John A. "Jack" Kintzele_____ John A. "Jack" Kintzele, #1842

2