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

Case 1:03-cv-01959-MSK-PAC

Document 215

Filed 06/28/2006

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Civil Action Number 03-cv-01959-MSK-PAC IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Honorable Marcia S. Krieger

AHMED M. AJAJ, Plaintiff, v. UNITED STATES OF AMERICA, ROBERT A. HOOD, JAMES BURRELL, DAVID DUNCAN, C. CHESTER, and J.C. ZUERCHER, Defendants.

PLAINTIFF' MOTION FOR EXTENSION OF TIME TO DESIGNATE AN S EXPERT DUE TO DEVELOPMENT OF A CONFLICT OF INTEREST Plaintiff Ahmad M. Ajaj, by and through his counsel, Montgomery Little Soran Murray & Kuhn, P.C., submits his Motion for Extension to Designate Expert Due to a Development of a Conflict of Interest as follows: 1. D.C.COLO.LCivR 7.1 Certification. Counsel for Plaintiff spoke with

counsel for Defendants, Amanda Rocque. Ms. Rocque indicted her position in correspondence dated June 27, 2006 as follows: "Defendants have no position on Plaintiff' Motion for Extension of Time to Designate Experts. However, if the Court s allows Plaintiff an extension of time to designate an expert pulmonologist, then Defendants request ten (10) days following the designation of that expert, along with the provision of that expert' report to Defendants, in which to depose that expert and to s provide a supplemental rebuttal expert."
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Case 1:03-cv-01959-MSK-PAC

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2.

On May 22, 2006 the Court held a Law and Motions Hearing on the

parties'Joint Motion for Reconsideration of Order Denying Joint Motion to Vacate and Re-Set Trial Date and Request for Scheduling Hearing. At the Law and Motions hearing on May 22, 2006 the Court entered an Order vacating the trial set for July 11, 2006 and entered a scheduling order outlining the timeline for discovery in this case. The Court also set the final trial preparation conference for July 14, 2006 at 4:00 p.m., at which time the trial date will be scheduled. 3. At the Hearing on May 22, 2006, the Court ordered Plaintiff to designate

expert witnesses by June 5, 2006 and ordered Defendants to designate rebuttal experts no later than June 16, 2006. 4. On June 5, 2006 Plaintiff designated his expert witnesses. In addition to

treating physicians, Plaintiff endorsed two retained experts, Amy Olson, M.D. and Stuart Grassian, M.D. Dr. Olson is a licensed physician in the State of Colorado. She is completing her second year of a fellowship program in Pulmonolgy at the University of Colorado Health Sciences Center and provided an expert report, including an opinion on the effects of environmental tobacco smoke. 5. On June 16, 2006 Defendants submitted their expert designations pursuant

to Fed. R. Civ. P. 26(a)(2). Defendants designated Marvin Schwartz, M.D., from the University of Colorado Health Sciences Center, Division of Pulmonary Science & Critical Care Medicine. 6. On June 22, 2006, Plaintiff' expert, Dr. Olson advised undersigned s

counsel that Dr. Schwartz was her supervisor and that Dr. Schwartz had advised her that he had been retained by Defendants. Dr. Olson advised that she believed a conflict had developed as a result of the fact that her boss had been retained by Defendants and she did not feel she was able to continue to serve as an expert for Plaintiff. 7. As a result of Dr. Olson' conflict, it is necessary for Plaintiff to attempt to s
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Case 1:03-cv-01959-MSK-PAC

Document 215

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find another pulmonologist to provide expert testimony regarding his claims. If Plaintiff is not allowed additional time to retain and designate an expert, he will be extremely prejudiced and at a severe disadvantage in proving his claims as a result of the conflict that has developed in regards to Dr. Olson. 8. Plaintiff requests the Court grant Plaintiff an extension of time to

designate a pulmonologist. Plaintiff requests that the Court allow him until July 21, 2006 to designate an expert in order to allow time for Plaintiff to replace Dr. Olson and locate a new expert, to have the expert review the medical records, and for the expert to prepare and provide a report. WHEREFORE, Plaintiff Ahmed M. Ajaj requests the Court grant his motion for additional time to designate an expert until July 21, 2006. Dated: June 28, 2006.

s/ Carmen N. Reilly______________ Carmen N. Reilly Montgomery Little & McGrew, P.C. 5445 DTC Parkway, Suite 800 Greenwood Village, CO 80111 Telephone: (303) 773-8100 Facsimile: (303) 220-0412 E-mail: [email protected] Attorney for Plaintiff Ahmed M. Ajaj

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CERTIFICATE OF SERVICE I hereby certify that on June 28, 2006, I electronically filed the foregoing with the Clerk of Court using the CM/ECF system which will send notification of such filing to the following e-mail addresses: Honorable Marcia S. Krieger United States District Court 901 19th Street Denver, Colorado 80294 Amanda Rocque, Esq. 1225 Seventeenth Street, Suite 700 Denver, Colorado 80202 Elizabeth A. Weishaupl Assistant United States Attorney 1225 Seventeenth Street, Suite 700 Denver, CO 80202 [email protected]

I hereby certify that I have mailed or served the document or paper to the following non CM/ECF participants via U.S. Mail, postage prepaid, indicated by the nonparticipant' name, addressed to: s Ahmed M. Ajaj #40637-053 U.S. Penitentiary Max P.O. Box 8500 Florence, Colorado 81266-8500 Chris Synsvoll Supervisor Legal Department U.S. Penitentiary Max P.O. Box 8500 Florence, Colorado 81266-8500

s/ Deborah J. Harant_________________ Deborah J. Harant

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