Free Response to Motion - District Court of Colorado - Colorado

Case 1:03-cv-02435-PSF-PAC

Document 265

Filed 09/27/2006

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 03-cv-02435-PSF-PAC LILLIAN F. SANDLE, Plaintiff, v. R. JAMES NICHOLSON, Secretary, Department of Veterans Affairs, Defendant.

DEFENDANT'S RESPONSE TO PLAINTIFF'S MOTION TO EXTEND THE DEADLINE TO FILE A PROPOSED FINAL PRETRIAL ORDER

Defendant, R. James Nicholson, Secretary, Department of Veterans Affairs, responds very briefly to plaintiff's "Unopposed Motion to Extend the Deadline to File a Proposed Final Pretrial Order." See Docket No. 264. Although Defendant does not oppose the request, Defendant objects to a statement in Plaintiff's motion. Plaintiff states in her motion that "[w]hile Sandle has fully prepared her contribution to the parties' Proposed Final Pretrial Order, Defendant's counsel indicated to Sandle's counsel that Defendant is not prepared to file the Proposed Final Pretrial Order today." Id. That is incorrect. Undersigned counsel only received plaintiff's portion of the proposed pretrial order in the morning on Wednesday, September 27, 2006, the day the proposed Pretrial Order is due. That document was incomplete in a

Case 1:03-cv-02435-PSF-PAC

Document 265

Filed 09/27/2006

Page 2 of 4

number of ways. First, the document did not identify the actions of defendant to be tried in this case which allegedly violated plaintiff's rights under the Rehabilitation Act and Title VII of the Civil Rights Act. Second, the document did not contain plaintiff's witness list. Third, it did not contain plaintiff's exhibit list. Defendant is not prepared at this time to file a proposed pretrial order based on what plaintiff submitted to defendant's counsel earlier today, particularly since plaintiff only submitted an incomplete proposed pretrial order to defendant. Defendant's counsel did state to plaintiff's counsel that defendant is not prepared to file the Proposed Final Pretrial Order today, but the reason was primarily because plaintiff had not provided to defendant crucial information in plaintiff's proposed pretrial order. In a case with these many claims, defendant cannot be expected to prepare the proposed final pretrial order in a matter of only a few hours, particularly since plaintiff's draft proposed pretrial order from this morning omitted necessary information. Defendant does not oppose the relief sought in the motion, but objects to the statement by plaintiff. //// ///

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Case 1:03-cv-02435-PSF-PAC

Document 265

Filed 09/27/2006

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Dated this 27th day of September, 2006. Respectfully submitted, TROY A. EID United States Attorney s/ Michael C. Johnson MICHAEL C. JOHNSON Assistant United States Attorney 1225 Seventeenth Street, Suite 700 Denver, Colorado 80202 Telephone: (303) 454-0134 FAX: (303) 454-0408 E-mail: [email protected] Counsel for Defendant

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Case 1:03-cv-02435-PSF-PAC

Document 265

Filed 09/27/2006

Page 4 of 4

CERTIFICATE OF SERVICE I hereby certify that on this 27 th day of September, 2006, I electronically filed the foregoing document with the Clerk of the Court using the CM/ECF system, which will send notification of such filing to the following e-mail addresses: Counsel for Plaintiff: Dugan William Edward Bliss Email: [email protected] Sean Robert Gallagher Email: [email protected]

s/ Michael C. Johnson MICHAEL C. JOHNSON Attorney for Defendant United States Attorney's Office 1225 Seventeenth Street, Suite 700 Denver, Colorado 80202 Telephone: (303) 454-0134 FAX: (303) 454-0408 E-mail: [email protected]

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