Free Motion to Amend/Correct/Modify - District Court of Colorado - Colorado

Case 1:03-cv-02320-PSF-MJW

Document 58

Filed 08/29/2005

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 03-cv-2320-PSF-MJW MARK JORDAN, Plaintiff, v. ROBERT A. HOOD, Warden, ADX Florence, MARY H. SOSA, Acting ISM, ADX Florence, in their official capacities, and FEDERAL BUREAU OF PRISONS, Defendants. SECOND UNOPPOSED MOTION FOR MODIFICATION OF SCHEDULING ORDER Plaintiff Mark Jordan, through his undersigned counsel, respectfully requests the Court to modify the Scheduling Order entered in this case. Certificate of Compliance With D.C.COLO.LCivR 7.1(A) Undersigned counsel hereby certifies pursuant to D.C.COLO.LCivR 7.1(A) that he conferred on August 29, 2005 with William G. Pharo, Esq., United States Attorney's Office, regarding the subject of this Second Unopposed Motion for Modification of Scheduling Order, and was advised by Mr. Pharo that he consents to the modifications requested. Plaintiff requests the Scheduling Order be modified in the following respects: a. 30, 2005; b. Paragraph 7(c) to extend the dispositive motion deadline from September 20, Paragraph 7(b) to extend the discovery cutoff from August 31, 2005 to September

2005 to October 20, 2005; and

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c.

Paragraph 7(c) to vacate the hearing on dispositive motions presently set for

November 10, 2005 and rescheduling the hearing to a date subsequent to December 9, 2005. In support of this Motion, Plaintiff states as follows: 1. On March 29, 2005, Plaintiff served a Request for Production of Documents upon

Defendant Federal Bureau of Prisons. While the Bureau provided a partial response in a timely manner, issues arose which necessitated the filing by Plaintiff of an Unopposed Motion for Modification of Scheduling Order on June 23, 2005. The Court granted this Motion per Order of June 27, 2005 ­ extending the discovery cutoff from June 30, 2005 to August 31, 2005 [¶ 7(b)]; extending the dispositive motion deadline from July 20, 2005 to September 20, 2005 [¶ 7(c)]; and continuing the hearing on dispositive motions from August 11, 2005 to November 10, 2005. 2. After some delay, Plaintiff and the Bureau have been able to resolve the issues

surrounding the requested document production and a final production was completed by the Bureau on August 9, 2005. The parties are presently attempting to schedule the four depositions which were anticipated to occur in the wake of completion of the document production. It is anticipated that all of the depositions can be scheduled and completed prior to the end of September 2005. 3. Based upon the status of discovery as noted above, Plaintiff requests a further

thirty-day extension of the discovery cutoff to September 30, 2005 and an extension of the dispositive motion deadline, a comparable thirty days, to October 20, 2005. Finally, in order to allow sufficient time for responses and replies to and in support of any dispositive motions pursuant to D.C.COLO.LCivR 56.1, Plaintiff requests that the hearing on dispositive motions

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presently set for November 10, 2005 at 9:00 a.m. be reset for a date subsequent to December 9, 2005. 4. A trial has not as yet been scheduled in this matter, and no party will be materially

prejudiced by the extensions requested herein. Respectfully submitted this 29th day of August, 2005.

/s/ Edward T. Ramey Edward T. Ramey ATTORNEYS FOR PLAINTIFF Isaacson Rosenbaum P.C. 633 17th Street, Suite 2200 Denver, CO 80202 Phone: 303/256-3978 Fax: 303/256-3152 E-mail: [email protected] CERTIFICATE OF SERVICE I HEREBY CERTIFY that on this 29th day of August, 2005, I electronically filed a true and correct copy of the foregoing SECOND UNOPPOSED MOTION FOR MODIFICATION OF SCHEDULING ORDER with the Clerk of Court using the CM/ECF system which will send notification of such filing to the following e-mail address: ([email protected]) William G. Pharo, Esq. United States Attorney's Office 1225 17th Street, Suite 700 Denver, CO 80202 /s/ Jayne M. Wills

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