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

Case 1:01-cv-02089-MSK-CBS

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Filed 04/24/2006

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 01-CV-2089-MSK-CBS DEAN A. BRAMLET, M.D., Plaintiff, v. ASPEN VALLEY HOSPITAL DISTRICT, Defendant.

JOINT MOTION FOR EXTENSION OF TIME TO FILE JOINT SUBMISSIONS

Plaintiff and Defendant, by and through undersigned counsel, respectfully request an eight-day extension of time, until May 8, 2006, in which to provide joint submissions pursuant to the Court's Trial Preparation Order ("TPO"). This Joint Motion is based on the following: 1. Counsel have been working together diligently to prepare the joint submissions

required by the TPO. 2. Joint submissions are currently due April 26, 2006. The Trial Preparation

Conference is scheduled for May 16, 2006, at 8:00 a.m.. 3. Counsel jointly request an eight-day extension of time, through May 8, 2006, to

provide the joint submissions. 4. Counsel have encountered numerous technical and logistical issues with regard to

preparation of a joint exhibit list, arising from differences between the computer technologies used at their respective offices. These difficulties have required and continue to require

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excessive expenditures of time to resolve, which time has substantially diminished time available to work together to prepare other joint submissions. Once the joint exhibit list has been

finalized, counsel will confer to address objections and possible stipulations. Given the large volume of exhibits involved, and based on the reasons stated herein, this process cannot be completed by the current deadline. 5. Counsel have worked together diligently to minimize expenditures of Court time,

attorney time, and costs, by seeking to resolve the Rule 702 issues pending between them, including a status conference call with Magistrate Judge Schaffer this morning. Counsel's efforts appear to have resolved the necessity for the Rule 702 hearing, scheduled for May 11, 2006, at 11:00 a.m., regarding Plaintiff's expert witness, Laura Voight. Counsel also appear to have resolved the necessity for the Rule 702 hearing, scheduled for May 11, 2006, at 8:00 a.m,. regarding Defendant's expert witness, Diane DeWitt. Plaintiff's counsel is currently preparing a stipulation and order for defense counsel's review and approval regarding these Rule 702 matters. These efforts, too, have diminished time available to complete the joint submissions by the current deadline. 6. Counsel have exchanged proposed voir dire questions and are in the process of

addressing any stipulations to voir dire questions. Counsel are preparing the glossary of terms and proper names. Counsel anticipate that joint proposed voir dire and a joint glossary will be ready for filing by the current deadline. 7. However, counsel are still preparing their respective proposed jury instructions

and verdict forms. Counsel will work diligently to reach agreement on as many jury instructions

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and verdict forms as possible. Based on the reasons stated herein, this process cannot be completed by the current deadline. 8. Counsel also are in the process of designating deposition testimony that will be

used in lieu of live testimony and, once exchanged, will work together diligently to reach agreement, to the fullest extent possible, as to these designations. Based on the reasons stated herein, counsel cannot complete this process by the current deadline. 9. As the completion of the exhibit list, objections and stipulations is likely to have

an impact on the time required for the examination of witnesses, counsel require additional time to complete the final joint witness list and time estimates for each witness's testimony. 10. As counsel have focused and continue to focus their attentions on drafting and

completing the joint submissions, they require additional time to file any trial briefs either counsel may seek to provide to the Court. 11. Defense counsel will be out of state from Friday, April 21 through Monday April

24, 2006, for a long-planned visit with her daughter in Portland, Oregon, to assist her daughter in preparing to relocate to Washington, D.C., for a fellowship in public health medicine. As such, counsel will be unable to confer during this time period about the joint submissions. Further, each counsel's unavoidable time commitments to other clients and matters have created difficulties in scheduling mutually available dates and times to confer to complete the joint submissions by the current deadline. However, counsel have scheduled time to confer and complete the joint submissions by the extended due date of May 8, 2006. Thus, the extension will enable counsel to continue to work together to present the best and most complete joint

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submissions to the Court, which will streamline the Trial Preparation Conference and the trial to the fullest extent possible. 12. Counsel avow that they will continue to work together diligently to provide the

joint submissions to the Court as soon as each joint submission has been completed by counsel. All joint submissions will be provided to the Court by no later than one-week before the Trial Preparation Conference. 13. The requested extension is not sought for purposes of delay or harassment and no

party will be prejudiced by the requested extension of time. Pursuant to D.C. COLO.LCivR 6.1(D), a copy of this Joint Motion has been served upon each of the parties. Dated this 24th day of April, 2006. Respectfully submitted, s/ Sander N. Karp LEAVENWORTH & KARP, P.C. 201 14th St., Suite 200 Glenwood Springs, CO 81602 Telephone: (970) 945-2261 Facsimile: (970) 945-7336 E-Mail: [email protected] ATTORNEYS FOR PLAINTIFF

s/Colleen M. Rea Colleen M. Rea, Esq. #024960 FORD & HARRISON LLP 1675 Broadway, Suite 2150 Denver, CO 80202 Telephone: (303) 592-8860 Facsimile: (303) 592-8861 E-Mail: [email protected] ATTORNEYS FOR DEFENDANT ASPEN VALLEY HOSPITAL DISTRICT

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CERTIFICATE OF MAILING I hereby certify that on April 24, 2006, I deposited the foregoing JOINT MOTION FOR EXTENSION OF TIME TO FILE JOINT SUBMISSIONS in the U.S. Mail, postage prepaid, addressed to the following: Dean A. Bramlet, M.D. 5920 Seabird Drive South Gulfport, FL 33707 Mr. David Ressler Chief Executive Officer Aspen Valley Hospital 0401 Castle Creek Road Aspen, CO 81611 s/Colleen M. Rea Colleen M. Rea, Esq. #024960 FORD & HARRISON LLP 1675 Broadway, Suite 2150 Denver, CO 80202 Telephone: (303) 592-8860 Facsimile: (303) 592-8861 E-Mail: [email protected] ATTORNEYS FOR DEFENDANT ASPEN VALLEY HOSPITAL DISTRICT
Denver:11407.1

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