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

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

Document 213

Filed 04/19/2006

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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.

UNOPPOSED AMENDED MOTION TO EXTEND EXPERT DISCOVERY DEADLINES

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

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Plaintiff, through her counsel undersigned, and pursuant to Local Rule 6.1 B, submits the foregoing Unopposed Amended Motion to Extend Expert Discovery Deadlines, and as grounds therefor, states as follows: 1. The undersigned entered their appearance in this matter on October 14, 2005.

Since that date, the undersigned have worked diligently to evaluate the thousands of documents already collected in discovery and complete discovery in a timely fashion. Plaintiff requires an expert on damages in order to established the amount of harm she has suffered as a result of the actions of Defendants. Since entering their appearance, Plaintiff's counsel have requested documents that would evidence salary, benefit and other information necessary to calculate her damages. Upon review of the documents produced by Defendants, as well as documents in the possession of Plaintiff, and upon discussions with a damages expert retained by Plaintiff, it has become clear that Plaintiff does not possess information sufficient to allow an expert to calculate her damages. 2. In collaboration with her expert, Plaintiff drafted and served a concise set of

interrogatories and requests for admission on April 18, 2006, which will provide sufficient information to allow Plaintiff's expert to calculate her damages. Defendants' response to these discovery requests is due May 18, 2006. Plaintiff's expert will be able to complete his expert report by May 26. 3. The current deadline for designation of expert witnesses as contained in the

scheduling order is March 31, 2006. Plaintiff filed a timely motion to modify the scheduling order and extend the deadline, which motion was denied for without prejudice for failure to show good cause.

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4.

Plaintiff requests that this Court amend the scheduling order to extend the deadline

for designation of expert witnesses to and including May 26, 2006. If the expert discovery deadline is not extended, Plaintiff will be severely prejudiced as she will not be able to put forward sufficient evidence to establish the amount of harm she has suffered. This proposed extension of all expert discovery deadlines will have no affect on any other deadlines in this case. 5. Pursuant to Local Rule 6.1 C, in December, 2005, Plaintiff obtained a one week

extension of all discovery deadlines. Subsequent to that request, Defendants obtained a six month extension of all deadlines in this case. 6. Specifically, Plaintiff requests that this Court amend the scheduling order to impose the following deadlines: May 26, 2006 June 23, 2006 Expert designation (currently scheduled for March 31, 2006) Rebuttal expert designation (currently scheduled for April 28, 2006)

No other dates or deadlines would be affected. A Proposed Order is submitted herewith.

Certification Under Local Rule 7.1 Counsel for Plaintiff has conferred with counsel for Defendants and Defendants do not oppose these extensions.

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Respectfully submitted this 19th day of April, 2006. HOGAN & HARTSON L.L.P. s/ Dugan Bliss 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 Lillian F. Sandle

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CERTIFICATE OF SERVICE I hereby certify that on this 19th day of April, 2006, I electronically filed the foregoing UNOPPOSED AMENDED MOTION TO EXTEND EXPERT DISCOVERY DEADLINES with the Clerk of the Court using the CM/ECF system which will send notification of such filing to the following email addresses:

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/ Dugan Bliss _______________________________

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