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

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

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Filed 08/10/2005

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 04-MK-1253 RICHARD TEBO and RENEE TEBO, Plaintiffs, v. LAURA M. BAKOS, and LEVTZOW LIMO LLC, doing business as MOUNTAIN LIMO DELUXE LLC, Defendants.

UNOPPOSED MOTION FOR EXTENSION OF TIME TO SUBMIT DEFENDANTS' EXPERT REPORT BY DR. KLEINER BY DEFENDANTS LEVTZOW LIMO, LLC d/b/a MOUNTAIN LIMO DELUXE, LLC, AND LAURA M. BAKOS

Defendants, by and through their attorneys, Dewhirst & Dolven, LLC, move this court for a twenty-five (25) day extension of time, up to and including September 19, 2005 in which to submit a report in connection with the Independent Medical Examination (IME) of Plaintiff Dr. Richard Tebo by Defendants' expert, Jeffrey Kleiner, M.D., as follows: 1. Undersigned counsel, in compliance with D.C.COLO.LcivR 7.1 A., in good faith has conferred with Plaintiffs' counsel, Michael Kerensky, about this motion and Mr. Kerensky stated he and Plaintiff's co-counsel, Michael T. Leinz, Esq., have no objection to a twenty-five (25) day extension of time up to and including September 19, 2005 for Defendants to submit Dr. Kleiner's expert report.

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2.

Trial in this matter is currently set for December 5, 2005. The scheduling order has a

deadline of August 25, 2005 for Defendants to submit F.R.C.P. Rule 26(a)(2) expert disclosures. Dr. Kleiner was endorsed in December 2005 along with his Rule 26 credentials. Dr. Kleiner reviewed plaintiff Richard Tebo's medical records and prepared a report based on the records, which was provided to plaintiffs' counsel. 3. Counsel for plaintiffs and defendants have been vigorously coordinating with Dr. Tebo and Dr. Kleiner to schedule Dr. Tebo's IME. Due to Dr. Kleiner's advanced booking and Dr. Tebo's professional appointments, attempts to date have been unsuccessful. Dr. Tebo

practices in Texas and must travel to Colorado for the IME. As of the date of this Motion, the IME date has finally been accepted and confirmed by all parties and is scheduled to be held on September 9, 2005, at 11:00 a.m. 4. Defendants respectfully request an order of this court permitting it an extension of

time up to and including September 19, 2005, within which to provide Dr. Kleiner's expert report subsequent to his IME of Dr. Tebo. 5. 6. No party will be prejudiced by the granting of this Motion for Extension of Time. Defendants have not requested any previous extensions of time to file their expert

report by Dr. Kleiner. 7. In accordance with D.C.COLO.LcivR 6.1 D., the undersigned counsel certifies

that a copy of this motion has been sent to Defendants as reflected on the certificate of mailing attached hereto.

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WHEREFORE, Defendants respectfully request this court grant a twenty-five (25) day extension of time up to and including September 19, 2005 for Defendants to submit their expert report by Dr. Kleiner subsequent to the IME date of September 9, 2005. Dated this 9th day of August, 2005. DEWHIRST & DOLVEN, LLC /s/ Patrick J. Maggio, Esq. Original signature on file at the office of Dewhirst & Dolven, LLC _______________________________ Miles M. Dewhirst, Esq. Patrick J. Maggio, Esq. 102 S. Tejon Street, Suite 500 Colorado Springs, CO 80903 Phone: (719) 520-1421; Fax (719) 520-1421 [email protected] [email protected]

CERTIFICATE OF SERVICE I hereby certify that I mailed a true and correct copy of the foregoing this 9th day of August, 2005 via facsimile to the following: THE KERENSKY LAW FIRM Michael W. Kerensky, Esq. 5300 Memorial Drive, Suite 950 Houston, TX 77007 Phone: 713-522-8686; Fax : 713-522-6925 [email protected] ATTORNEYS FOR PLAINTIFFS (paper copy mailed to Kerensky Law firm by Dewhirst & Dolven) BREIT BOSCH COPPOLA & MARLIN, P.C. William C. Marlin, Esq. Michael T. Leinz, Esq. 1512 Larimer St, Suite 900 Denver, Co 80202 Phone: (303) 573-7777; Fax : (303) 825-3950 [email protected] ATTORNEYS FOR PLAINTIFFS 3

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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/ Jean A. Zapf _________________________
E:\Users\Miles\National Fire & Marine Insurance\Levtzow Limo\Pleadings\Motion EOT to file expert Kleiner IME report 080905.doc

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