Free Response to Motion - District Court of Colorado - Colorado

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

Document 61

Filed 11/15/2005

Page 1 of 2

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 RESPONSE TO PLAINTIFF'S MOTION TO REOPEN ALL DISCOVERY ______________________________________________________________________________ Plaintiff has filed a "Motion to Reopen All Discovery" in this case. In support of his request, Plaintiff states his reasons for wanting to depose Defendant's expert witness, Henry Roth, M.D., but offers no support for generally reopening discovery. Defendant agrees that Plaintiff should have the opportunity to depose Dr. Roth. Defendant believes that it was an oversight that caused the discovery cutoff to precede the date for Defendant's expert's disclosures. Defendant does not oppose the request to depose Dr. Roth. However, Plaintiff has offered no rationale for a general reopening of discovery. Defendant opposes the reopening of discovery, except for Plaintiff's request to depose Dr. Roth. 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 1

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

Document 61

Filed 11/15/2005

Page 2 of 2

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO CERTIFICATE OF SERVICE (CM/ECF) I hereby certify that on November 15, 2005, I electronically filed the foregoing DEFENDANT'S RESPONSE TO PLAINTIFF'S MOTION TO REOPEN ALL DISCOVERY with the Clerk of Court using the CM/ECF system which will send notification of such filing to the following email 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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