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

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

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Filed 09/16/2005

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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 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 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 August 15, 2005, Defendant served its F.R.C.P. 26(a)(2) Disclosures in which it

identified its vocational rehabilitation expert, Judy Kaye Lockwood. On the same date, Defendant filed a Motion for Extension of Time seeking to extend the deadline to produce Ms. Lockwood's expert report. Defendant's Motion for Extension of Time was granted on August 18, 2005, and the deadline to produce Ms. Lockwood's expert report was extended to September 16, 2005. 2. Prior to completing her report, Ms. Lockwood needs to review the documents

identified in Plaintiff's discovery responses, and any records obtained by Defendant pursuant to medical and employment releases signed by Plaintiff. Defendant has made numerous requests to

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Plaintiff's counsel for the production of the discovery documents and signed releases, but to date, they have not been produced. Therefore, on August 22, 2005, Defendant filed a Motion to Compel the production of those documents and the signed releases. That motion is pending. 3. In addition, Ms. Lockwood needs to conduct an examination of Plaintiff pursuant to

F.R.C.P. 35(a) prior to completing her report. Defendant attempted to coordinate with Plaintiff's counsel to schedule this examination, but Plaintiff's counsel has refused to cooperate in the scheduling of this examination. Accordingly, on September 1, 2005, Defendant filed its Motion to Compel Rule 35 Examination. That motion is pending. 4. Ms. Lockwood also would like to review the transcripts of any depositions taken in

this case, prior to completing her report. Because of the discovery disputes outlined above, no depositions are currently scheduled in this case. Defendant anticipates that depositions will be scheduled after the disposition of Defendant's pending motions to compel. 5. Accordingly, Defendant requests an extension of time for it to submit Ms.

Lockwood's report, up to and including, October 14, 2005. This extension is necessary so that Ms. Lockwood will have the opportunity to conduct a Rule 35 examination of Plaintiff, and review relevant documents, medical and employment records, and deposition transcripts prior to completing her report. 6. In accordance with D.C.COLO.LCivR 6.1C, Defendant has sought one prior

extension of Defendant's deadline to submit the expert report of Ms. Lockwood, as noted above. 7. In accordance with D.C.COLO.LCivR 7.1A, counsel for Defendant has attempted to

confer with Plaintiff's counsel, Cecilia Serna, by letter on September 9, 2005, and by phone on 2

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September 14 and 16, 2005, regarding this Motion. Counsel for Defendant has been unable to obtain Plaintiff's position on this Motion. 8. 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 Lockwood, as required by F.R.C.P. 26(a)(2), be extended, up to and including, October 14, 2005. Respectfully submitted this 16th day of September, 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/Telephone (719) 635-4576/Facsimile [email protected] [email protected] Attorneys for Defendant

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CERTIFICATE OF SERVICE I hereby certify that on September 16, 2005, a true and correct copy of the foregoing was electronically filed with the Clerk of Court using the CM/ECF system, and I hereby certify that on September 16, 2005, I have mailed a true and correct copy of the document to the following non CM/ECF participants by depositing the foregoing in the U.S. Mail, postage prepaid, addressed to the following: Cecilia M. Serna, Esq. Law Offices of Cecilia M. Serna, Esq. 600 17th Street, Suite 2800 South Denver, CO 80202-5428 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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