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

Case 1:04-cv-01185-WDM-PAC

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Filed 03/02/2006

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 04-CV-1185-WDM-PAC GREG FELDMAN, Plaintiff, v. JOBSON PUBLISHING, LLC a Delaware limited liability company, f/k/a Jobson Publishing Acquisition, LLC, f/k/a Jobson Publishing, L.L.C.; and XJP, LLC, a Delaware limited liability company, f/k/a Jobson Publishing, L.L.C. Defendants.

PLAINTIFF'S UNOPPOSED MOTION TO AMEND SCHEDULING ORDER

Plaintiff, by and through his attorneys, the Student Law Office of the University of Denver Sturm College of Law, moves this Court to amend the Scheduling Order entered in this case on November 15, 2005 as set out below. As grounds therefore, Plaintiff states the following: 1) On November 15, 2005, the parties appeared before the Court for a scheduling conference in this matter (Docket #29). The Court set a deadline of December 6, 2005 for Plaintiff to amend his complaint with respect to the proper employer, which was subsequently continued to January 6, 2006 (Docket #37). 2) Plaintiff timely filed his Motion for Leave to Amend the Complaint on January 6, 2006, and the Court granted Plaintiff's Motion for Leave to Amend the Complaint (in part) on January 19, 2006 (Docket #46).

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Case 1:04-cv-01185-WDM-PAC

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3)

On January 25, 2006, Plaintiff filed his Second Amended Complaint, which altered the identity of the named defendants in this case (Docket #49). Plaintiff's Second Amended Complaint named Jobson Publishing, LLC and XJP, LLC as defendants in this case, and pursuant to this Court's order of January 26, 2006, Jobson Publishing L.L.C., Postgraduate Institute for Medicine, Inc., and International Center for Postgraduate Medical Education were terminated as parties (Docket #50).

4)

To protect the procedural rights of all parties, on January 30, 2006, Plaintiff served his Second Amended Complaint on the registered agent for service of process for Jobson Publishing, LLC. Counsel for former defendant Jobson Publishing L.L.C. accepted service on behalf of Defendant XJP, LLC on February 3, 2006.

5)

The ongoing uncertainty surrounding who the defendants ultimately will be has delayed the parties' ability to conduct discovery in this matter. Defendant XJP, LLC recently answered Plaintiff's Second Amended Complaint, while Defendant Jobson Publishing, LLC filed a Motion to Dismiss. Furthermore, the disposition of Defendant Jobson Publishing, LLC's motion will necessarily affect discovery in this case.

6)

Therefore, the parties seek to amend the scheduling order as follows: a. Discovery Cut-Off: i. Current Scheduling Order: April 28, 2006 ii. Amended Scheduling Order: June 23, 2006

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b. Dispositive Motion Deadline: i. Current Scheduling Order: June 28, 2006 ii. Amended Scheduling Order: August 11, 2006. c. Interrogatory Schedule: i. Current Scheduling Order: All interrogatories shall be served on the opposing party by March 15, 2006 ii. Amended Scheduling Order: All interrogatories shall be served on the opposing party by May 10, 2006. d. Schedule for Request for Production of Documents/Requests to Admit: i. Current Scheduling Order: All requests for production of documents and requests to admit shall be served on the opposing party by March 15, 2006. ii. Amended Scheduling Order: All requests for production of documents and requests to admit shall be served on the opposing party by May 10, 2006. e. Supplemental Deposition Schedule: Dennis Graber Lorraine Orlando Patrice Light Greg Feldman April 14, 2006* April 12, 2006* April 3, 2006* March 31, 2006 7 hours 4 hours 4 hours 7 hours

* These dates are tentatively scheduled and are awaiting final confirmation from the deponents as to their availability on those dates.

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f. Discovery Limitations: i. Amended only to the extent that: 1. Plaintiff may take ten (10) depositions, and propound twentyfive (25) interrogatories, twenty-five (25) requests for admission, and thirty (30) requests for production of documents per defendant. 2. Each defendant may take ten (10) depositions, and propound twenty-five (25) interrogatories, twenty-five (25) requests for admission, and thirty (30) requests for production of documents. Certificate of Compliance with D.C. Colo. LCivR 7.1(A) In accordance with Local Rule D.C. Colo. LCivR 7.1(A), the undersigned counsel conferred with counsel for the Defendants. Opposing counsel does not oppose this Motion to Amend Scheduling Order. Wherefore, Plaintiff respectfully requests this Court to amend the Scheduling Order in this case as set out above. Dated this 2nd day of March, 2006.

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Respectfully submitted,

STUDENT LAW OFFICE

s/ Laura L. Rovner Laura L. Rovner University of Denver Sturm College of Law 2255 E. Evans Ave., Suite 335 Denver, CO 80208 Telephone: 303.871.6140 Fax: 303.871.6847 E-mail: [email protected] s/ Ari Krichiver Ari Krichiver, Student Attorney University of Denver Sturm College of Law 2255 E. Evans Ave., Suite 335 Denver, CO 80208 Telephone: 303.871.6140 Fax: 303.871.6847 s/ Mary Walsh Mary Walsh, Student Attorney University of Denver Sturm College of Law 2255 E. Evans Ave., Suite 335 Denver, CO 80208 Telephone: 303.871.6140 Fax: 303.871.6847 Attorneys for Plaintiff Greg Feldman

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Certificate of Service I HEREBY CERTIFY that on this 2nd day of March 2006, I electronically filed the foregoing PLAINTIFF'S UNOPPOSED MOTION TO AMEND SCHEDULING ORDER with the Clerk of Court using the CM/ECF system which will send notification of such filing to the following e-mail addresses: [email protected] [email protected]

/s/ Laura L. Rovner Laura L. Rovner STUDENT LAW OFFICE University of Denver Sturm College of Law 2255 E. Evans Avenue Denver, CO 80208 Tel: 303.871.6140 Fax: 303.871.6847 Email: [email protected] Attorney for Plaintiff Greg Feldman

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