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

Case 1:00-cv-02350-LTB-MJW

Document 28

Filed 08/15/2005

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THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO

Civil Action No. 00-cv-2350-LTB-MJW PAULETTE GOMEZ, Plaintiff, v. KING SOOPERS, INC., Defendant.

DEFENDANT'S UNOPPOSED MOTION FOR EXTENSION OF TIME

Defendant King Soopers, Inc. ("Defendant"), through its attorneys, Sherman & Howard L.L.C., and pursuant to F.R.C.P. 6(b) and D.C.COLO.LCivR 7.1, files this Unopposed Motion For Extension of Time ("Motion") seeking to extend the deadline for Defendant to submit the report of its expert witness as required by F.R.C.P. 26(a)(2). In support of this Motion, Defendant states as follows: 1. On April 15, 2005, a Scheduling Order was entered in this matter providing the

deadline of August 15, 2005 for Defendant to designate its expert witnesses and provide the information required by F.R.C.P. 26(a)(2). 2. 3. Defendant has retained Judy Kaye Lockwood as a vocational rehabilitation expert. Defendant will disclose Ms. Lockwood as required by F.R.C.P. 26(a)(2) on August

15, 2005, but requests an extension of time for it to submit Ms. Lockwood's report, up to and including, September 16, 2005. This extension is necessary because in order to complete her report,

Case 1:00-cv-02350-LTB-MJW

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Ms. Lockwood needs to review additional documents, including deposition transcripts, and to conduct an examination of Plaintiff pursuant to F.R.C.P. 35(a). 4. In accordance with D.C.COLO.LCivR 6.1C, Defendant has not sought any prior

extensions of Defendant's deadline to submit the expert report of Ms. Lockwood. 5. In accordance with D.C.COLO.LCivR 7.1A, counsel for Defendant conferred with

Plaintiff's counsel, Cecilia Serna, who stated that Plaintiff does not oppose this Motion. 6. In accordance with D.C.COLO.LCivR 6.1D, a copy of this Motion has been served

upon Plaintiff's counsel and Defendant. WHEREFORE, Defendant respectfully requests that the deadline for Defendant to disclose the expert report of Judy Kaye Lockwood, as required by F.R.C.P. 26(a)(2), be extended, up to and including, September 16, 2005. Respectfully submitted this 15th day of August, 2005. SHERMAN & HOWARD L.L.C.

/s/ Edward J. Butler Raymond M. Deeny Edward J. Butler 90 South Cascade Avenue, Suite 1500 Colorado Springs, Colorado 80903 (719) 475-2440 Attorneys for Defendant

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Case 1:00-cv-02350-LTB-MJW

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CERTIFICATE OF SERVICE I hereby certify that on August 15, 2005, 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 email addresses: [email protected] Cecilia Serna, Esq. Law Offices of Cecilia M. Serna, Esq. 600 17th Street, Suite 2800 South Denver, CO 80202-5428 I further certify that on August 15, 2005, a true and correct copy of the foregoing document was deposited in the U.S. Mail, postage prepaid, addressed to the following: Ms. Stephanie Bouknight King Soopers, Inc. P.O. Box 5567, T.A. Denver, Co 80217 /s/ Peggy J. Barber, Secretary to Edward J. Butler

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