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

Case 1:03-cv-02319-WDM-MJW

Document 261

Filed 04/20/2006

Page 1 of 4

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO

Civil Action No. 03-cv-02319-WDM-MJW OLOYEA D. WALLIN, Plaintiff, vs. CMI, KIM DEMPEWOLF, MARYE DEMING, MONIQUE M. MARTEL, AND JASON COOLIDGE Defendants.

DEFENDANT MONIQUE MARTEL'S MOTION TO AMEND SCHEDULING ORDER AND FOR A SCHEDULING/STATUS CONFERENCE ______________________________________________________________________________ Defendant, MONIQUE M. MARTEL, by her attorneys, JENNIFER M. PALMER and BILLY-GEORGE HERTZKE of the firm SENTER GOLDFARB & RICE, L.L.C., pursuant to Fed.R.Civ.P. 16(b) and D.C.COLO.L.CivR 16.1 moves the Court to Amend the Scheduling Order and set a scheduling/status conference AND AS GROUNDS THEREFOR, states as follows: 1. Defendant Monique Martel requests that the Court hold a scheduling/status

conference for purposes of setting a discovery schedule concerning the claims against her and establishing a new scheduling order. Although this case has been pending since 2003, Defendant Martel has only recently been added and has had no opportunity to conduct or participate in discovery. 1

Case 1:03-cv-02319-WDM-MJW

Document 261

Filed 04/20/2006

Page 2 of 4

2.

Pursuant to D.C.COLO.L.CivR 7.1(A), undersigned counsel conferred with Steve

Wienczkowski, counsel for Defendants CMI, Dempewolf, Deming, and Coolidge, prior to filing this Motion. Mr. Wienczkowski does not oppose this motion to the extent discovery is not reopened as between Plaintiff and the Defendants he represents. Undersigned attempted to reach Plaintiff through his case manager, Gerry Scruggs, but was unable to confer with Plaintiff prior to filing this Motion. 3. 4. Undersigned certifies that a copy of this Motion has been sent to Ms. Martel. The procedural history of this matter dates back to November 2003, long before

Defendant Martel was named as a Defendant. Plaintiff named several Defendants for alleged violations of his Constitutional rights, negligence, intentional infliction of emotional distress, and medical malpractice. 5. 6. The Court entered a Scheduling Order for this matter on June 2, 2005. [#72]. The Court amended the Scheduling Order on October 24, 2005 [#153], extending

the discovery and dispositive motion deadlines to January 31, 2006. 7. Defendant Monique Martel was served with the Summons on or about December

2, 2005. After filing a Motion to Dismiss based upon defective service and after obtaining a copy of the operative Complaint in this matter, Defendant Martel filed her Answer to Amended Complaint [#249] on March 22, 2006. 8. For good cause, the Court may order discovery of any matter relevant to the

subject matter involved in the action. See Fed.R.Civ.P. 26(b)(1). Defendant Martel has not had the opportunity to conduct any discovery in this matter. Further, the Scheduling Order for this matter was put into place prior to Defendant Martel being served or filing her Answer. The

2

Case 1:03-cv-02319-WDM-MJW

Document 261

Filed 04/20/2006

Page 3 of 4

Court has not ordered a Fed.R.Civ.P. 26(f) conference or set a scheduling conference to set the discovery schedule as to the claims against Defendant Martel. Defendant Martel, therefore, requests that the Court amended the Scheduling Order and order discovery to be had by Defendant Martel and set deadlines for discovery between Defendant Martel and the parties. 9. Defendant Martel will be greatly prejudiced if not allowed the opportunity to

conduct discovery and file a dispositive motion. 10. Moreover, the pretrial conference is scheduled for May 1, 2006. This conference

was scheduled before Defendant Martel answered. Counsel for Defendant Martel plans to attend the conference, but requests clarification from the Court as to the extent to which Defendant Martel is expected to participate in the pretrial conference. Defendant Martel has neither

conducted nor participated in discovery and has had no opportunity to do so. Nor has Defendant Martel had the opportunity to submit a dispositive motion. Defendant Martel is not prepared for trial. WHEREFORE, Defendant Martel respectfully requests that the Court set a scheduling/status conference for purposes of amending the Scheduling Order and setting a discovery schedule for Defendant Martel.

3

Case 1:03-cv-02319-WDM-MJW

Document 261

Filed 04/20/2006

Page 4 of 4

Respectfully submitted,

By s/ Jennifer M. Palmer Jennifer M. Palmer

By s/ Billy-George Hertzke Billy-George Hertzke SENTER GOLDFARB & RICE, L.L.C. 1700 Broadway, Suite 1700 Denver, Colorado 80290 Telephone: (303) 320-0509 Facsimile: (303) 320-0210 E-mail: [email protected] [email protected] Attorneys for Defendant Martel

CERTIFICATE OF SERVICE I HEREBY CERTIFY that on this 20th day of April, 2006, I electronically filed a true and exact copy of the above and foregoing DEFENDANT MONIQUE MARTEL'S MOTION TO AMEND SCHEDULING ORDER with the Clerk of Court using the CM/ECF system which will send notification of such filing to the following email addresses: Steven J. Wienczkowski ­ [email protected] Daniel M. Hubbard ­ [email protected] Scott S. Nixon ­ [email protected] PRYOR JOHNSON CARNEY KARR & NIXON, P.C. Attorneys for Defendants CMI, Dempewolf, Deming, and Coolidge Via U.S. Mail Oloyea D. Wallin AVCF, Prisoner #111389 P.O. Box 1000 Crowley, CO 81034 Plaintiff, Pro Se

s/ Rita Sinks

4
00220779