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

Case 1:01-cv-02444-JLK-CBS

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Filed 07/11/2006

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO

Civil Action No. 00-cv-2285-JLK-CBS GREGORY A. STROCK Plaintiff, v. USA CYCLING, INC., UNITED STATES CYCLING FEDERATION, INC., RENE WENZEL and ANGUS FRASER, Defendants. and Civil Action No. 01-cv-2444-JLK-CBS ERICH L. KAITER Plaintiff, v. USA CYCLING, INC., UNITED STATES CYCLING FEDERATION, INC., RENE WENZEL and ANGUS FRASER, Defendants.

JOINT AND UNOPPOSED MOTION FOR EXTENSION OF TIME TO FILE DAUBERT OBJECTIONS TO DESIGNATED EXPERTS AND CERTIFICATE OF COMPLIANCE WITH LOCAL RULE D.C.COLO.LCivR 7.1

COMES NOW, the Defendants, USA CYCLING, INC. and UNITED STATES CYCLING FEDERATION, INC., by and through their attorneys of record, SENTER GOLDFARB & RICE, L.L.C., through WILLIAM L. SENTER, and submits the following

Case 1:01-cv-02444-JLK-CBS

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Joint and Unopposed Motion for Extension of Time to File Daubert Objections to Designated Experts, and Certificate of Compliance with D.C.COLO.LCivR 7.1. As grounds in support of this joint and unopposed motion, it is represented as follows: 1. That this Court has ordered the parties to file Daubert objections regarding

experts designated on June 23, 2006, with such objections being due on July 13, 2006. 2. That counsel for all parties have conferred and agreed to schedule a mediation in

this matter. Specifically, all counsel have agreed to use Judge Bill Meyer and are considering at least four other judges from the Judicial Arbiter Group for a mediation. With five attorneys, four parties, three insurance companies, one mediator, and the summer vacation schedule, the only remaining difficulty is scheduling the mediation. All 12 parties to the mediation have been actively involved in a good faith effort to schedule mediation within the next 30 days, but without success. For these reasons, the parties jointly request extending the deadline beyond 30 days to allow mediation to be scheduled before the parties undergo the substantial expense of bringing and defending Daubert motions. 3. In view of the parties' desire to pursue mediation, it is requested that the parties be

granted an extension of time until September 18, 2006 for the filing of any Daubert objections concerning the designation of experts by the respective parties. 4. In conformance with D.C.COLO.LCivR 7.1, counsel for the Defendants, USA

Cycling, Inc. and United States Cycling Federation, Inc., has spoken to counsel for the Plaintiff Gregory A. Strock (John K. Pineau and John W. McKendree) and counsel for the Defendant Rene Wenzel (Reid B. Kelly). All counsel join in this unopposed motion for an extension of

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time until September 18, 2006 for the filing of Daubert objections regarding the designated experts. WHEREFORE, it is respectfully requested that this Honorable Court enter an order extending the deadline for filing of Daubert objections until September 18, 2006. Respectfully submitted,

s/ William L. Senter William L. Senter SENTER GOLDFARB & RICE, L.L.C. Attorneys for Defendants ­ USA Cycling, Inc., and United States Cycling Federation, Inc. 1700 Broadway, Suite 1700 Denver, Colorado 80290 Telephone: (303) 320-0509 E-mail: [email protected]

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CERTIFICATE OF SERVICE I HEREBY CERTIFY that on this 11th day of July, 2006, I electronically filed the foregoing JOINT AND UNOPPOSED MOTION FOR EXTENSION OF TIME TO FILE DAUBERT OBJECTIONS TO DESIGNATED EXPERTS AND CERTIFICATE OF COMPLIANCE WITH LOCAL RULE D.C.COLO.LCivR 7.1 with the Clerk of the Court using the CM/ECF system which will send notification of such filing to the following e-mail addresses: John Kenneth Pineau, Esq. [email protected] John W. McKendree, Esq. [email protected] Reid B. Kelly [email protected]

s/ Julie A. Kurth ___________________ Julie A. Kurth E-mail: [email protected] Secretary for Attorney William L. Senter

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