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

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

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Filed 06/23/2005

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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. UNOPPOSED MOTION FOR MODIFICATION OF SCHEDULING ORDER AND CERTIFICATE OF COMPLIANCE WITH D.C.COLO.LCivR 7.1(A) 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 the afternoon of June 22, 2005, with William G. Pharo, Esq., United States Attorney's Office, regarding the subject of referenced 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. modifying paragraph 7(b) to extend the Discovery Cut-off from June 30, 2005 to

August 31, 2005;

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b.

modifying paragraph 7(c) to extend the Dispositive Motion Deadline from July

20, 2005 to September 20, 2005; and c. modifying paragraph 7(c) to vacate the hearing on dispositive motions presently

set for August 11, 2005, and rescheduling the hearing to a date subsequent to September 20, 2005. In support of this Motion, Plaintiff states as follows: 1. On March 29, 2005, the Plaintiff served a Request for Production of Documents

upon Defendant Federal Bureau of Prisons (a copy is attached as Exhibit A.). While the Bureau provided a partial response in a timely manner ­ and while undersigned counsel consented upon request from the United States Attorney's office to the proposition of having the remainder of the responsive documents produced under a protective order ­ the Bureau is apparently experiencing a prolonged and unexplained period of difficulty formulating or assembling the balance of its response. 2. While this matter has been the topic of a series of discussions between

undersigned counsel and the United States Attorney's office, with the lingering hope that it can be resolved without a request for assistance from the Court, the delay in production has in turn suspended the parties' (and particularly the Plaintiff's) ability to schedule and conduct the depositions which were anticipated to occur in late May and June of this year. The parties are now up against the Discovery Cut-off, with a dispositive motion deadline a little more than three weeks away, and in no practical position to meet those deadlines. 3. By this Motion, the Plaintiff is requesting the Court to move the subject deadlines

out for a period of sixty days. Assuming a prompt resolution of the difficulties at hand, this

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should be an adequate extension. If this operative assumption proves to be in error, it may be anticipated that the parties will seek the Court's further guidance in fairly short order. 4. modifications. Respectfully submitted this 23rd day of June, 2005. s/ Edward T. Ramey Edward T. Ramey Isaacson Rosenbaum P.C. 633 17th Street, Suite 2200 Denver, CO 80202 Phone: 303-256-3978 Fax: 303-256-3152 Email: [email protected] Attorney for Plaintiff Mark Jordan No party will be materially prejudiced by the requested extensions and

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CERTIFICATE OF SERVICE I hereby certify that on June 23, 2005, I caused to be electronically filed a true and correct copy of the foregoing UNOPPOSED MOTION FOR MODIFICATION OF SCHEDULING ORDER AND CERTIFICATE OF COMPLIANCE WITH D.C.COLO.LCivR 7.1(A) and proposed Order, with the Clerk of the Court using the CM/ECF system which will send notification of such filing to the following email address: [email protected] William G. Pharo, Esq. United States Attorney's Office 1225 17th Street, Suite 700 Denver, CO 80202 s/ Edward T. Ramey Edward T. Ramey Attorney for Plaintiff Mark Jordan Isaacson Rosenbaum P.C. 633 17th Street, Suite 2200 Denver, CO 80202 Phone: 303-256-3978 Fax: 303-256-3152 Email: [email protected]

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