Free Motion to Continue - District Court of Colorado - Colorado

Case 1:04-cv-01150-LTB-BNB

Document 43

Filed 08/08/2005

Page 1 of 4

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 04-CV-1150-LTB-BWB BARBARA WALDRON; RICHARD SARRO; and ELIZABETH BROOKHART, Plaintiffs, vs. JAMES DRURY, individually; DAVID D. STONG, in his official capacity as the Sheriff of the County of Alamosa; CHARLES J. KALBACHER, individually, and in his capacity as former Investigator for the District Attorney for the 12th Judicial District; EUGENE L. FARISH, individually and in his official capacity as former District Attorney, 12th Judicial District, State of Colorado; DISTRICT ATTORNEY, 12th JUDICIAL DISTRICT, STATE OF COLORADO, a political subdivision of the State of Colorado; ALAMOSA COUNTY SHERIFF'S DEPARTMENT, a political subdivision of the State of Colorado; ALAMOSA COUNTY, a body corporate and politic; and ALAMOSA COUNTY BOARD OF COMMISSIONERS, a political subdivision of the State of Colorado, Defendants. ______________________________________________________________________________ MOTION TO CONTINUE TRIAL ______________________________________________________________________________ Defendants Drury and Kalbacher, individually; Farish, individually and officially; the District Attorney, Twelfth Judicial District, State of Colorado; Alamosa County; and the Alamosa County Board of Commissioners, by and through their attorneys, Hall & Evans, L.L.C., move this Honorable Court for an order continuing the trial date now scheduled in this matter for October 31, 2005, and as grounds for this Motion, state and allege as follows:

Case 1:04-cv-01150-LTB-BNB

Document 43

Filed 08/08/2005

Page 2 of 4

1.

Discovery in this matter has been necessarily protracted by unforeseen events

such as health difficulties and hospitalization of Defendant Drury which extended the completion of his deposition by Plaintiffs until shortly before the dispositive motion deadline set out in the Scheduling Order in this matter. Further, the health of the court reporter who took three

depositions in Alamosa during June of 2005 caused a roughly two-month delay in the completion of those particular depositions. Additionally, even as of the date of this Motion, Defendants have yet to receive pertinent records of the CBI which were only obtained through a records deposition taken during the first week in August of this year. The obtaining of these particular records was delayed because of apparent difficulties in coordinating the records deposition in question with appropriate staff at the Colorado Bureau of Investigation. 2. Unopposed motions for extension of Defendants nearly completed dispositive

motions have been denied by the involved magistrate judge because of the compression of time caused by the delay in accomplishing discovery in this case. In this context the magistrate has stated in fairly straightforward language that the filing of this motion to continue is necessary. 3. In addition to the grounds stated above these Defendants incorporate and adopt by

reference the grounds and contents of the motion for continuance concurrently filed by the remaining Defendants in this matter. 4. These moving Defendants who are sued in their individual capacities have

asserted and will assert in their dispositive motion the defense of qualified immunity. While it is the intention of these individually named Defendants to file their dispositive motion as soon as practicable, in light of the discovery delays noted above and those identified in the concurrent motion of the co-defendants, the continuance of this trial may be necessary to avoid

2

Case 1:04-cv-01150-LTB-BNB

Document 43

Filed 08/08/2005

Page 3 of 4

compromising the ability of these individually named Defendants to assert their right to qualified immunity. 5. The undersigned has conferred with Plaintiffs' counsel pursuant to the appropriate

local rule and has been advised by Plaintiffs' counsel that Plaintiffs oppose this motion to continue. WHEREFORE, these Defendants respectfully move this Court as aforesaid.

s/ David R. Brougham David R. Brougham HALL & EVANS, L.L.C. 1125 Seventeenth Street, Suite 600 Denver, Colorado 80202 Phone: (303)628-3300 Fax # (303) 293-3238 [email protected] ATTORNEYS FOR JAMES DRURY, individually; CHARLES KALBACHER, Individually; EUGENE FARISH, Individually and in his Official Capacity as Former District Attorney of the Twelfth Judicial District; DISTRICT ATTORNEY, TWELFTH JUDICIAL DISTRICT, STATE OF COLORADO; ALAMOSA COUNTY; and ALAMOSA COUNTY BOARD OF COMMISSIONERS

3

Case 1:04-cv-01150-LTB-BNB

Document 43

Filed 08/08/2005

Page 4 of 4

CERTIFICATE OF SERVICE (CM/ECF) I hereby certify that on 8th day of August, 2005, I electronically filed the foregoing MOTION TO CONTINUE TRIAL with the Clerk of Court using the CM/EFC system which will send notification of such filing to the following e-mail addresses: Randall John Paulsen [email protected] [email protected] Scott Robert Armitage [email protected] [email protected] Josh Adam Marks [email protected] [email protected] Justin Colby Berg [email protected] [email protected] Client Copies to: Paul Motz Alamosa County Attorney Pearson & Motz, L.L.C. P.O. Box 779 Alamosa, CO 81101 s/ Marlene Wilson, Secretary to ______________________________ David R. Brougham HALL & EVANS, L.L.C. 1125 Seventeenth Street, Suite 600 Denver, Colorado 80202 Phone: (303)628-3300 Fax # (303) 293-3238 [email protected] ATTORNEYS FOR JAMES DRURY, Individually; CHARLES KALBACHER, Individually; EUGENE FARISH, Individually and in his Official Capacity as Former District Attorney of the Twelfth Judicial District; DISTRICT ATTORNEY, TWELFTH JUDICIAL DISTRICT, STATE OF COLORADO; ALAMOSA COUNTY; and ALAMOSA COUNTY BOARD OF COMMISSIONERS
H:\Users\WILSONM\DRB\ALAMOSA\WALDRON\Pleadings\Motion to Continue Trial.doc

4