Free Motion to Continue - District Court of Colorado - Colorado

Case 1:04-cv-01143-JLK

Document 27

Filed 06/23/2005

Page 1 of 3

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 04-K-1143 (CBS) DOLLY LAU, Plaintiff, vs. ALLSTATE INSURANCE COMPANY, Defendant. STIPULATED MOTION TO CONTINUE TRIAL Defendant, Allstate Insurance Company, through its attorneys, Walberg, Dagner & Tucker, P.C., and Plaintiff, Dolly Lau, through her attorney, Pete Cordova, Esq., requests this Honorable Court to continue the trial of this matter presently scheduled to begin on September 6, 2005. As grounds for this Motion, the parties state as follows: 1. 2. 3. This matter is set for a four-day trial beginning on September 6, 2005. A Final Trial Preparation Conference is scheduled for August 12, 2005 at 10 a.m. Plaintiff has endorsed Daniel Patterson as an expert witness regarding Plaintiff's bad faith claims. 4. Mr. Patterson has become gravely ill and has informed Plaintiff that he can no longer serve as an expert witness for this case. 5. The parties agree that a new bad faith expert will need to be designated by Plaintiff and deposed prior to trial.

Case 1:04-cv-01143-JLK

Document 27

Filed 06/23/2005

Page 2 of 3

6.

In consideration of the parties' respective counsel's schedules, the parties do not believe that Plaintiff's new bad faith expert can be endorsed and deposed, along with obtaining Defendant's bad faith expert's response to this new opinion, prior to September 6, 2005.

7.

Motions for continuance are addressed to the sound discretion of the trial court. Robinson v. United States of America, 718 F.2d 336 (10th Cir App. 1983).

8.

The parties are in agreement that justice will best be served by continuing this trial so that a new expert can be disclosed by Plaintiff, deposed by Defendant and responded to by Defendant's bad faith expert.

WHEREFORE, the parties respectfully request this Honorable Court to continue the current trial date to a date that will enable (1) Plaintiff to disclose a new bad faith expert, (2) Defendant to depose the newly-endorsed expert, and (3) Defendant's expert to prepare a response to the new bad faith expert's opinions. The parties further request the court to vacate the Final Trial Preparation Conference scheduled for August 12, 2005, and reschedule it to a date closer to the new trial date. Respectfully submitted this ______ day of June, 2005. LAW OFFICE OF PETE CORDOVA, P.C. s/ Pete Cordova Pete Cordova, #11881 Attorneys for Plaintiff P.O. Box 1124 1604 H. Street Salida, CO 81201 (719) 539-6679 -2WALBERG, DAGNER & TUCKER, P.C. s/ Deana R. Dagner Deana R. Dagner, #11550 Attorneys for Defendant Allstate Quebec Centre II 7400 E Caley Ave, Suite 300 Centennial, CO 80111-6714 (303) 694-9300

Case 1:04-cv-01143-JLK

Document 27

Filed 06/23/2005

Page 3 of 3

LAW OFFICE OF M. STUART ANDERSON, P.C. s/ M. Stuart Anderson M. Stuart Anderson, #30251 Attorneys for Plaintiff 1604 H. Street, Suite 200 Salida, CO 81201 (719) 539-7003

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