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

Case 1:01-cv-01807-MSK-MJW

Document 427

Filed 05/01/2006

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No.: 01-cv-01807-MSK-MJW BANK ONE, COLORADO, N.A. and, BANK ONE TRUST COMPANY, N.A., As Trustee of the Frank G. Jamison Marital Trust and the Frank G. Jamison Family Trust, Plaintiffs, v. C.V.Y. CORPORATION, d/b/a Your Valet Cleaners; and, JOHNNY ON THE SPOT, INC. Defendants.

BOULDER CLEANERS, INC. and, JOHN'S CLEANER'S, INC., Cross-Plaintiffs, v. C.V.Y. CORPORATION, d/b/a Your Valet Cleaners, Cross-Defendant. ______________________________________________________________________________ STIPULATED MOTION TO EXTEND DISCOVERY CUT-OFF FOR LIMITED PURPOSES ______________________________________________________________________________ COMES NOW C.V.Y. Corporation, d/b/a Your Valet Cleaners, and Johnny on the Spot, Inc. ("Defendants") by and through their counsel, Montgomery, Kolodny, Amatuzio & Dusbabek, L.L.P., and Bank One, N.A. (successor to Bank One, Colorado, N.A.) and, Bank One Trust Company, N.A., As Trustee of the Frank G. Jamison Marital Trust and the Frank G. Jamison Family Trust ("Plaintiffs"), by and through their counsel, Davis Graham & Stubbs LLP

Case 1:01-cv-01807-MSK-MJW

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who submit their Stipulated Motion to Extend Discovery Cut-Off for Limited Purposes, and aver as follows: 1. Certification pursuant to D.C.COLO.LCivR 7.1(A): Counsel for Plaintiffs and

Defendants certify that they jointly submit this Motion, as indicated by their signatures below. Cross-Plaintiffs, Boulder Cleaners, Inc.'s and John's Cleaner's Inc.'s, claims have been severed from this action and their claims will be tried separately at the conclusion of this matter. As such, counsel for Cross-Plaintiffs has not been consulted regarding this relief. 2. The initial Complaint in this matter was filed on September 14, 2001. A seven

week trial is currently scheduled to commence on September 11, 2006. Pursuant to Magistrate Judge Michael J. Watanabe's July 31, 2003 Minute Order, the discovery cut-off in this matter was September 12, 2003, which was three years prior to the trial's commencement. 3. As this Honorable Court is aware, this matter arises out of alleged contamination

allegedly caused by the operation of dry cleaning operations on Plaintiffs' property. Plaintiffs have asserted various causes of action, including a RCRA citizen suit, a CERCLA cost recovery action and a CERCLA contribution claim, among others. 4. Since the discovery cut-off of September 12, 2003, remediation efforts and testing Multiple reports have been issued concerning the alleged

have continued at the property.

contamination. The parties hereto believe that it is necessary to re-depose the other's experts to obtain updated information and their respective opinions based on the current state of the alleged contamination, the property and any changes or discoveries that have occurred since September 12, 2003.

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5.

Given the above, the Plaintiffs and Defendants request that they be permitted to The parties believe that no more than five (5)

notice and conduct additional depositions. depositions per party are required.

At this time, Plaintiffs wish to depose Adrian Brown,

Defendants' environmental expert, and Defendants wish to depose David M. Rau and Eugene R. Weiner, Plaintiffs' environmental experts. At a minimum, these three (3) depositions are

necessary given the subject matter of this case, the continued actions on the property since September 12, 2003, and the alleged damages and requested relief at issue. 6. In addition to the above depositions, Plaintiffs and Defendants request that they

be permitted to propound one (1) set of written discovery, including interrogatories, requests for production of documents and requests for admissions, to each other. 7. Based on the above, the parties hereto respectfully request that the discovery cut-

off be extended through July 14, 2006, for the limited purposes outlined above. 8. The parties agree that nothing in this stipulation will affect the Court's scheduled

trial date of September 11, 2006. The parties will be prepared to commence trial of the case on that date. 9. In furtherance of their request and in an effort of cooperation, the parties stipulate

that they will both serve any supplemental disclosures on or before May 30, 2006. 10. In furtherance of their request and in an effort of cooperation, the parties stipulate

that they will both file revised and supplemental trial exhibit lists by August 15, 2006. 11. As this Honorable Court is aware, Cross-Plaintiffs, Boulder Cleaners, Inc. and

John's Cleaners, Inc., previously reached a settlement with Plaintiffs. Pursuant to this Court's Minute Order of April 14, 2005, Cross-Plaintiffs were granted a separate trial on their claims

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against CVY and JOS because Cross-Plaintiffs "agree[d] to be bound by the factual determinations in the first matter. . . ." Accordingly, Cross-Plaintiffs are not joined in this Stipulated Motion. WHEREFORE, Plaintiffs and Defendants respectfully request that the Court extend the discovery cut-off date through July 14, 2006, in order to permit both parties to notice and conduct no more than five (5) depositions per party and propound one set of written discovery, including interrogatories, requests for production of documents and request for admissions, to the other. A proposed Order is attached. Respectfully submitted this 1st day of May, 2006.

DAVIS GRAHAM & STUBBS LLP

MONTGOMERY, KOLODNY, AMATUZIO & DUSBABEK, L.L.P.

By: s/ Laura J. Riese Laura J. Riese 1550 Seventeenth Street, Suite 500 Denver, Colorado 80202 Telephone: (303) 892-9400 Fax: (303) 893-1379 [email protected]

By: s/ Max K. Jones Jr. C. Michael Montgomery Max K. Jones, Jr. 475 Seventeenth Street, 16th Floor Denver, Colorado 80202 Telephone: (303) 592-6600 Fax: (303) 592-6666 [email protected] [email protected] ATTORNEYS FOR THE DEFENDANTS C.V.Y. CORPORATION, d/b/a YOUR VALET CLEANERS, and JOHNNY ON THE SPOT, INC.

ATTORNEYS FOR PLAINTIFFS BANK ONE COLORADO, N.A. and BANK ONE TRUST COMPANY, N.A.

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CERTIFICATE OF MAILING I hereby certified that on May 1, 2006, I electronically filed STIPULATED MOTION TO EXTEND DISCOVERY CUT-OFF FOR LIMITED PURPOSES with the Clerk of the Court using the CM/ECF system which will send notification of such filing the following e-mail addresses: Scott Jurdem, Esq. Buchanan Jurdem & Cederburg, P.C. 1621 18th Street, Suite 260 Denver, Colorado 80202 [email protected] Gary E. Parish, Esq. SANDER, SCHEID, INGEBRETSEN, MILLER & PARISH, P.C. 700 17TH Street, Suite 2200 Denver, Colorado 80202 [email protected]

s/ Judy Terranova

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