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

Case 1:02-cv-00289-RPM

Document 201

Filed 02/10/2006

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 02-CV-289 RPM-BNB ROCKIE LEE ZIMMERMAN, Plaintiff, v. JOHN L. CHADBOURNE, II RUDY FANNIN, JOSH BENNER, MR. LAWRENCE, MR. DAZEY, and MR. STECKLER. Defendants.

PLAINTIFF'S MOTION FOR EXTENSION OF TIME TO COMPLETE DISCOVERY

Plaintiff, through his counsel of record, hereby respectfully moves the Court for an extension of time to complete discovery. As grounds, Plaintiff states: CERTIFICATION OF CONFERRAL Undersigned certifies that he conferred with counsel for the Defendants. Counsel for the Defendants objects to the relief requested herein. BASES FOR MOTION 1. The Scheduling Order entered in this case requires discovery to be completed by

February 3, 2006. 2. Counsel for the Plaintiff had requested the deposition of Defendant Chadbourne

prior to this date. However, Defendant Chadbourne is out of the state, now living in the State of

Case 1:02-cv-00289-RPM

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Filed 02/10/2006

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Washington. Plaintiff's counsel investigated whether travel could be made to take Defendant Chadbourne's deposition out of state. Due to the costs involved in this FFA counsel/ co-counsel case, Defendant Chadbourne's deposition has to occur by phone. Plaintiff respectfully requests an additional month, up to and including March 3, 2006, in which to depose Defendant Chadbourne. 3. Plaintiff notes that Defendants have filed a summary judgment motion with

supporting materials today. Plaintiff has no objection to the Defendants supplementing their summary judgment motion, if necessary, or to extending the dispositive motion deadline to allow the Defendants to supplement their summary judgment motion. WHEREFORE, for the foregoing reasons, Plaintiff respectfully requests the Court to amend the Scheduling Order to extend the time for taking the deposition of Officer Chadbourne until March 3, 2006. Dated this 10th day of February, 2006. Respectfully submitted,

s/ Troy R. Rackham_________ Troy R. Rackham McConnell Siderius Fleischner Houghtaling & Craigmile, LLC 4700 South Syracuse, Suite 200 Denver, CO 80237 Telephone: (303) 480-0400 Fax: (303) 458-9520 Email: [email protected] Attorneys for Plaintiff Rockie Lee Zimmerman

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Case 1:02-cv-00289-RPM

Document 201

Filed 02/10/2006

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CERTIFICATE OF SERVICE I hereby certify that on PLAINTIFF'S MOTION FOR EXTENSION OF TIME TO COMPLETE DISCOVERY, I electronically filed the foregoing with the Clerk of the Court using the CM/ECF system on this 10th day of February, 2006, which will send notification of such filing to email addresses: David M. Tenner, Esq. Bond & Morris, P.C. 303 East 17th Avenue, Suite 888 Denver, Colorado 80203 [email protected] Shane White, Esq. Senior Attorney Office of the City Attorney P.O. Box 1575 30 South Nevada Avenue Colorado Springs, Colorado 80901 [email protected] And I hereby certify that I have mailed or served the document or paper to the following participants in the manner (mail, facsimile, hand-delivery, etc.) indicated by the non-participant's name: Rockie Zimmerman 1625 N. Murray Blvd., #103 Colorado Springs, CO 80915

/s/ Terri Gonzales

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