Free Motion to Amend/Correct/Modify - District Court of Colorado - Colorado

Case 1:04-cv-01253-MSK-MJW

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Filed 10/12/2005

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 04-cv-01253-MSK-MJW RICHARD TEBO Plaintiff, v. LAURA M. BAKOS, and LEVTZOW LIMO LLC, doing business as MOUNTAIN LIMO DELUXE LLC, Defendants.

STIPULATED MOTION TO AMEND PRE-TRIAL ORDER

COMES NOW the Defendants Laura M. Bakos and Levtzow Limo, LLC, by and through their attorneys of record, Dewhirst & Dolven, LLC and submit the following Stipulate Motion to Amend Pre-Trial Order and state as follows: 1. The undersigned counsel, in compliance with D.C.COLO.LcivR 7.1 A., in good

faith has conferred with Plaintiff's counsel regarding this Motion to Amend the Pre-Trial Order and Plaintiff's counsel represented he has no objection to this Motion. 2. The Final Pre-Trial Order was filed with this Court on October 6, 2005, which

was followed by the Pre-Trial Conference on October 11, 2005. 3. Defendants inadvertently excluded Jeffrey B. Kleiner, M.D. of Spine Consultants,

P.C. from Section 6 (b)(1) under Defendants' Expert witnesses of the Pre-trial Order to be called at trial. 4. Dr. Kleiner has consistently been disclosed; his formal reports have been timely

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provided to opposing counsel; and he performed an independent medical examination of Plaintiff on September 9, 2005, which report was also timely provided to Plaintiff's counsel. 5. As stated in Defendants' Expert disclosure of December 29, 2004, Dr. Kleiner

will express observations and opinions at trial consistent with his written expert reports and will testify consistent with opinions expressed during his deposition if taken. Dr. Kleiner will also provide rebuttal expert opinions in response to opinions rendered by Plaintiff's experts and will also provide testimony relevant to Plaintiff's claimed damages. 6. Order. 7. In accordance with D.C.COLO.LcivR 6.1 D., the undersigned counsel certifies No party will be prejudiced by the granting of this Motion to Amend the Pre-Trial

that a copy of this motion has been sent to Defendants as reflected on the certificate of mailing attached hereto. WHEREFORE, Defendants respectfully request this court grant Defendants' Stipulated Motion to Amend Pre-Trial Order to include Defendants' expert witness, Jeffrey B. Kleiner, M.D. of Spine Consultants, P.C. along with his qualifications and reports. Respectfully submitted this 12th day of October, 2005.

S/ Patrick J. Maggio Patrick J. Maggio Miles M. Dewhirst, Esq. Dewhirst & Dolven, LLC 102 S. Tejon St., Suite 500 Colorado Springs, CO 80903 Tel: (719) 520-1421 Fax: (303) 633-3387 E-mail: [email protected] Attorneys for Defendants

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CERTIFICATE OF MAILING I hereby certify that on this 12th day of October 2005, I electronically filed the foregoing Stipulated Motion to Amend Pre-Trial Order with the Clerk of the Court using the CM/ECF system, which will send notification of such filing to the following e-mail addresses: [email protected] Michael W. Kerensky, Esq. 5300 Memorial Drive, Suite 950 Houston, TX 77007 Attorney for Plaintiff [email protected] William C. Marlin, Esq. Michael T. Leinz, Esq. 1512 Larimer St, Suite 900 Denver, Co 80202 Attorney for Plaintiffs I hereby certify that I have mailed or served the document to the following non-CM/EFC participants in the following manner indicated by the non-participants name: Darcy Levtzow Levtzow Limo LLC d/b/a Mountain Limo 1500 Last Dollar Road Telluride, CO 81435 Laura M. Bakos P.O. Box 2081 Telluride, CO 81435

S/ Tonya D. Feigt, Paralegal Tonya D. Feigt

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