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

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

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Filed 07/17/2006

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO

Civil Action No. 03-CV-02435-PSF-PAC (consolidated with 04-cv-00639-PSF-PAC)

LILLIAN F. SANDLE, Plaintiff, v. ANTHONY J. PRINCIPI, Secretary of Veterans Affairs, Defendant,

and Consolidated Civil Action No. 04-cv-00639-PSF-PAC LILLIAN F. SANDLE, Plaintiff, v. ANTHONY J. PRINCIPI, ED SANCHEZ, RAYMOND DELUNA, and E. THORSLAND, JR. Defendants.

JOINT MOTION TO EXTEND DISCOVERY CUTOFF, MOTION DEADLINE, SETTLEMENT CONFERENCE, PRETRIAL ORDER AND FINAL PRETRIAL CONFERENCE

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The parties to the above captioned consolidated cases, by and through their counsel of record, hereby move to extend the discovery cutoff and dispositive motion deadline by one week to July 28, 2006 and September 1, 2006, respectively, and to continue the settlement conference in this case to a time convenient to the Court on or after September 22, 2006. The grounds for this joint motion are: 1. The parties are presently engaged in discovery in this matter and the discovery

cutoff date is currently set for July 24, 2006. Due to the availability of certain witnesses, Defendants agreed to allow Plaintiff to take a number of depositions during the week of July 24, 2006. 2. Therefore, the parties respectfully request that the Court extend the discovery

cutoff date by one week, up to and including July 28, 2006. 3. Similarly, because of the discovery cutoff extension, the parties request that the

Court also extend the dispositive motion deadline by one week, up to and including September 1, 2006. 4. In addition, in response to the parties Joint Motion To Continue Settlement

Conference filed on June 27, 2006, the Court recently reset the settlement conference for August 28, 2006. The parties agree that settlement would be more likely if the settlement conference occurs after responses to dispositive motions have been filed. 5. If the Court extends the dispositive motion cutoff date to September 1, 2006, as

requested above, responses will be due on or before September 21, 2006. Therefore, the parties respectfully request that the settlement conference be moved to a time convenient to the Court on or soon after September 22, 2006.

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6.

Finally, for the reasons set forth above, the parties request that the proposed final

pretrial order deadline and the final pretrial conference be moved back a week as well, from September 18, 2006 and September 25, 2006 to September 25, 2005 and October 2, 2006, respectively. 7. Specifically, the parties request that this Court amend the scheduling order to

impose the following deadlines: July 28, 2006 September 1, 2006 September 15, 2006 On or after September 22, 2006 September 25, 2006 October 2, 2006 Discovery Cutoff (currently scheduled for July 24, 2006) Dispositive Motion Deadline (currently scheduled for August 25, 2006) Confidential Settlement Statement Deadline (currently scheduled for August 23, 2006) Settlement Conference (currently scheduled for August 28, 2006) Proposed Final Pretrial Order (currently scheduled for September 18, 2006) Final Pretrial Conference (currently scheduled for September 25, 2006)

No other dates or deadlines would be affected. A Proposed Order is submitted herewith. Certification Under Local Rule 7.1 Counsel for parties have conferred and all parties agree to these extensions.

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Respectfully submitted this 17th day of July, 2006. U.S. ATTORNEY'S OFFICE HOGAN & HARTSON L.L.P.

s/ Michael C. Johnson Michael C. Johnson Assistant U.S. Attorney 1225 17th Street, 7th Floor Denver, Colorado 80202 Telephone: 303.454.0134 Fax: 303.454.0408 E-mail: [email protected] Attorney for Defendant

s/ Elizabeth K. Pietsch Sean R. Gallagher Elizabeth K. Pietsch Dugan Bliss 1200 Seventeenth Street, Suite 1500 Denver, CO 80202 Telephone: (303) 899-7300 Fax: (303) 899-7333 E-mail: [email protected] [email protected] [email protected] Attorneys for Plaintiff

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CERTIFICATE OF SERVICE I hereby certify that on this 17th day of July, 2006, I electronically filed the foregoing JOINT MOTION TO EXTEND DISCOVERY CUTOFF, MOTION DEADLINE, SETTLEMENT CONFERENCE, PRETRIAL ORDER AND FINAL PRETRIAL CONFERENCE with the Clerk of the Court using the CM/ECF system which will send notification of such filing to the following email address:

Michael C. Johnson Assistant U.S. Attorney 1225 17th Street, 7th Floor Denver, Colorado 80202 Telephone: 303.454.0134 Fax: 303.454.0408 E-mail: [email protected]

s/ Elizabeth K. Pietsch

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