Free Motion to Continue - District Court of Colorado - Colorado

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

Document 58

Filed 11/11/2005

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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.

PLAINTIFF'S MOTION TO REOPEN ALL DISCOVERY ______________________________________________________________

DUTY TO CONFER On November 11, 2005 John A. "Jack" Kintzele conferred with defendant's attorney. Defendant's counsel will agree to

a deposition of Henry Roth, M.D. and defendant's attorney divulged that Henry Roth, M.D.'s fee for just the between $10,000.00 and $11,000.00. As bases for Reopening Discovery plaintiff respectfully states: 1. To plaintiff's counsel's surprise, he allowed there "IME" was

to be a premature "Discovery Cut-Off" of October 1, 2004. 2. This injury case claims permanent and total

disability of plaintiff from a work injury. 3. Because plaintiff in the course of the case was

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

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operated on for near terminal cancer, his examination by Henry Roth, M.D. was delayed until September 17, 2005. 4. Plaintiff eventually received a forty (40) page Plaintiff needs to know

"Report" from defendant's attorney.

the basis of Henry Roth, M.D.'s non-medical and the out of his areas of expertise medical opinions. 5. Plaintiff's counsel is challenging Henry Roth, M.D.'s

credentials and his represented areas of expertise and needs to know the bases of Henry Roth, M.D.'s claim of being "Board Eligible." 6. Henry Roth, M.D. has represented to other attorneys his

testimony is dependent upon who pays him. 7. Plaintiff wants Henry Roth, M.D. to admit this prior to the

Motion in Limine hearing. 8. Respectfully the Discovery Cutoff should be extended until

April 28, 2006 as to all types, forms of discovery because this is respectfully a case that is still evolving factually. Respectfully Submitted, s/___________________________ 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 2

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

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Certificate of Mailing On this the 11th day of November 2005 a copy of PLAINTIFF'S MOTION TO REOPEN ALL DISCOVERY was mailed, postage prepaid to:

Bobby Padilla P.O. Box 2817 Espanola, NM 87532

Certificate of Service

On November 11, 2005 a copy of PLAINTIFF'S MOTION TO REOPEN ALL DISCOVERY was filed electronically to: Evan S. Lipstein, Esq. 12600 West Colfax Avenue, #C-400 Lakewood, CO 80215

s/___________________________ John A. "Jack" Kintzele, #1842