Free Stipulation - District Court of Colorado - Colorado

Case 1:03-cv-02401-RPM

Document 155

Filed 07/13/2005

Page 1 of 3

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 03-CV-2401 (RPM) (MJW) JASON C. FREDERICK Plaintiff, KAISER PERMANENTE and RSKCO CLAIMS SERVICES, as subrogee for JASON C. FREDERICK, Plaintiff-Intervenor, v. PHILIPS MEDICAL SYSTEMS (CLEVELAND), INC., an Ohio corporation, Defendant. ______________________________________________________________________________ STIPULATION REGARDING PLAINTIFF'S RULE 72 OBJECTIONS TO MINUTE ORDER OF MAGISTRATE JUDGE WATANABE, DATED JUNE 30, 2005, AND REQUEST FOR FORTHWITH RULING _______________________________________________________________________________ The parties, by and through their respective counsel, submit the following Stipulation Regarding Plaintiffs' Rule 72 Objections to Minute Order of Magistrate Judge Watanabe, Dated June 30, 2005, and Request for Forthwith Ruling, stating as follows: The parties have reached agreement and request the Court to approve the following schedule: 1. The deposition of Dr. Wilkins is scheduled for August 22, 2005 to commence at 8:00 a.m., to last no longer than seven hours. Plaintiffs will supply Dr. Wilkins' list of any other cases in which Dr. Wilkins has testified as an expert at trial or by deposition within the preceding four years by July 18, 2005 but will not provide a report from Dr. Wilkins. Plaintiff has provided Defendant with a release and Defendant will obtain records from Dr. Wilkins before the deposition and will supply

Case 1:03-cv-02401-RPM

Document 155

Filed 07/13/2005

Page 2 of 3

copies to Plaintiff of the records obtained. 2. The parties agree to schedule mediation within thirty days of the completion of the deposition of Dr. Wilkins, and, further Plaintiff agrees to provide to Defendant, at least ten days before the mediation, with additional information to support the claim for damages, including but not limited to opinions from a vocational rehabilitation expert and an economist or an accountant. 3. The parties request the Court to extend the current case pretrial deadlines to the following dates: a. b. c. d. e. f. Plaintiff's Fed.R.Civ.P.26(a)(2) disclosures due October 11, 2005; Defendant's Fed.R.Civ.P.26(a)(2) disclosures due November 10, 2005; Rebuttal Experts due November 30, 2005; Discovery cut-off is December 15, 2005; and Dispositive motions due on December 19, 2005. Pre-trial Conference reset to a date subsequent to December 19, 2005.

WHEREFORE, the parties request the Court to adopt and approve the schedule, as set forth above, which has been agreed upon by the parties.

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Case 1:03-cv-02401-RPM

Document 155

Filed 07/13/2005

Page 3 of 3

DATED this 13th day of July, 2005. MONTGOMERY, KOLODNY, AMATUZIO & DUSBABEK, L.L.P. DON, HILLER & GALLEHER, P.C.

By: s/ C. Michael Montgomery C. Michael Montgomery Damian Stone 475 17th Street, Suite 1600 Denver, CO 80802 (303) 592-6600 ATTORNEY FOR DEFENDANT

By: s/ Shelley B. Don Shelley B. Don Watson W. Galleher 1737 Gaylord Street Denver, CO 80206 (303) 572-0668 ATTORNEY FOR PLAINTIFF

DWORKIN, CHAMBERS & WILLIAMS, P.C.

By: s/ Geri O'Brien Williams Geri O'Brien Williams, Esq. Melissa J. Loman Evans, Esq. 3900 E. Mexico Avenue, Suite 1300 Denver, CO 80210 ATTORNEY FOR PLAINTIFFINTERVENOR

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