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

Case 1:02-cv-02232-PSF-PAC

Document 415

Filed 06/28/2005

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 02-cv-2232 - PSF - PAC ROBERT STUDER, et al. Plaintiffs, vs. HENG FUNG HOLDINGS LIMITED, et al. Defendants, and eVISION INTERNATIONAL, INC., a Colorado corporation, Nominal Defendant UNOPPOSED JOINT MOTION TO RESET UPCOMING RESPONSE/REPLY AND DISCOVERY DEADLINES AND PROPOSED ORDER WITH CERTIFICATE OF SERVICE Pursuant to D.C.COLO.LCivR. 7.1(A) & (B) and Fed. R. Civ P. 26(a)(2) and 30, Plaintiffs and Defendants, by and through their counsel, move this Court for an Order resetting various case response/reply and discovery deadlines and/or dates enumerated below as parties are in active settlement negotiations. Due to the potential positive result of these negotiations to conclude this case for all parties, the desire to concentrate on these negotiations, the pending holiday weekend, a number of imminent response/reply and discovery deadlines between now and July 15, 2005 (discovery cut-off deadline) and July 29, 2005 (Court approved deadline to depose expert witnesses), and the need for extensive client consultations both in the U.S. and abroad, the Plaintiffs and eVision and the Individual Defendants ("Defendants") seek the specific date modifications outlined below. 1. Pursuant to D.C.COLO.LCivR. 7.1(A), all the parties' counsel conferred

regarding this Motion by telephone and/or emails on June 26 - 28, 2005. eVision and the Individual Defendants support this Motion and extensions or date changes requested, and

Case 1:02-cv-02232-PSF-PAC

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Filed 06/28/2005

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Defendants EKS&H and Dorsey and Whitney, LLP take no position on this Motion except Defendants Dorsey & Whitney, LLP and EKS& H join in the Request for an Extension to Reply to Objection to Proposed Joint Settlement. Non-Party, eBanker USA.Com, Inc., joins in the Motion as to the request specified in paragraph 6 below. 2. Replies to Objection to Proposed Joint Settlement. On May 20, 2005, the Joint Settling Parties (Plaintiffs and Defendants' Dorsey & Whitney, LLP and Ehrhardt, Keefe, Steiner & Hottman, P.C.) filed with this Court their proposed Joint Settlement Agreement and Preliminary Approval Motion. On June 13, 2005, eVision and the Individual Defendants filed a response in opposition to the Joint Settling Parties' Preliminary Approval Motion. The Joint Settling Parties' respective reply briefs in support of the Preliminary Approval Motion was due on June 28, 2005, but on June 24, 2005, the Joint Settling Parties filed a Joint Motion for an Extension of Time from June 28, 2005 to July 8, 2005 to Reply. The Court has just granted this extension today. ALL parties now request that the Court modify the Reply deadline from July 8 to July 11, 2005. This would, therefore, be the Joint Settling Parties second request for an extension. 3. Extension for Plaintiffs' Response to Motion to Strike Plaintiff's Expert

Professor Loewenstein. On June 7, 2005 eVision and the Individual Defendants filed a Motion to Strike Plaintiff's Expert Designation and Litigation Report of Professor Loewenstein. As this Court has not yet ruled on eVision's request for an expedited briefing schedule, due to Fed.R.Civ P 6(e), Plaintiffs' Response would be due June 30, 2005. ALL parties request this Response due date be moved to July 11, 2005. This is the first request for any extension on this Response.

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4.

Extend all Expert Rebuttal Reports to July 15, 2005. On June 3, 2005 Judge

Figa issued an Order clarifying that expert rebuttal reports are due July 8, 2005. For the reasons enumerated above, ALL parties ask that these reports be due on July 15, 2005. Due to prior modifications to the discovery deadlines, this is not the first request for a change in this date, but the exact number of prior requests depends on how one counts prior requests. 5. Deposition Re-scheduling. All parties ask that this Court approve the Parties

request that any pending depositions which are postponed by mutual agreement of the parties due to a desire to concentrate on settlement negotiations be allowed to be postponed, noticed and/or re-noticed, and concluded on or before July 29, 2005 in a manner to be determined by the parties without further Motion to this Court. 6. July 1, 2005 Hearing. ALL parties and non-party, eBanker USA.Com, Inc., join

in requesting that eBanker's Response to Plaintiffs' Motion to Compel and Reply to eBanker's Motion for Protective Order now due June 29, 2005 be changed to be due on or before July 7, 2005 and that the hearing on these Motions scheduled for July 1, 2005 before Magistrate Coan be vacated, and if necessary, be rescheduled at a time after July 7, 2005 at a mutually agreed upon date after consultation with Magistrate Coan's staff to identify an available date. These changes are requested so all parties may concentrate efforts on the active settlement negotiations. 7. July 6, 2005 Hearing. The Parties will notify Judge Figa's clerk if there are any

developments that would affect the need to hold the July 6, 2005 hearing on the pending Motion for Partial Summary Judgment and Motion for Class Certification. At this time, the Parties do not request a rescheduling of this hearing.

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Case 1:02-cv-02232-PSF-PAC

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8.

In compliance with D.COLO.LCivR 6.1.D, each undersigned counsel certifies

that a copy of this joint motion has been served on his or her client and all counsel of record. For the reasons above, ALL Parties respectfully request that the Court enter their proposed Order Granting this Unopposed Joint Motion To Reset Upcoming Response/Reply And Discovery Deadlines, attached hereto as Exhibit 1.

Dated: June 28, 2005

Respectfully Submitted, _s/Karen Cody-Hopkins/_____ Charles W. Lilley Karen Cody-Hopkins # 35367 LILLEY & GARCIA, LLP 1600 Stout Street, Suite 1100 Denver, Colorado 80202 Telephone: (303) 293-9800 Jacob A. Goldberg Jacob A. Goldberg, Esq., LLC P.O. Box 30132 Elkins Park, PA 19027 Attorneys for Plaintiffs

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Case 1:02-cv-02232-PSF-PAC

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Filed 06/28/2005

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CERTIFICATE OF SERVICE (CM/ECF) The undersigned hereby certifies that on June 28, 2005, I electronically filed a copy of the foregoing Unopposed Joint Motion To Reset Upcoming Response/Reply And Discovery Deadlines and Proposed Order using the CM/ECF system which will send notification of such filing to the following counsel via their emails on file with the U.S. District Court for the District of Colorado's CM/ECF system and certify there are no non-CM/ECF parties who require service or notice: of this filing Michael Williams Michael O'Donnell Wheeler Trigg Kennedy LLP 1801 California Street, Suite 3600 Denver CO 80202 Attorneys for Dorsey & Whitney, LLP Allan L. Hale Scott Hyman Hale Friesen LLP 1430 Wynkoop, Suite 300 Denver CO 80202 Attorney for eVision Defendants (eVision Int'l, F. Chan, T. Chan, Trapp, Fong, Cook, Busch, Jeffers) Carla Minckley Thomas Birge Birge & Minckley PC 1700 Broadway Suite 1501 Denver CO 80290 Attorneys for Ehrhardt, Keefe, Steiner & Hottman, Inc.

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_s/_________________________ Karen Cody-Hopkins Lilley & Garcia, LLP 1600 Stout Street, Suite 1100 Denver, CO 80126 T: 303-293-9800 F: 303-298-8975 E: [email protected]

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