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

Case 1:04-cv-00931-LTB-MJW

Document 61

Filed 03/15/2006

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No.: 04-cv-0093l-LTWMJW ERNEST STANTON, Plaintiff, vs. YANCEY'S FOOD SERVICE CORPORATION Defendant.

PLAINTIFF'S MOTION TO AMEND SCHEDULING ORDER

Plaintiff, Earnest Stanton, by and through his attorneys, moves to amend the Scheduling Order to extend the discovery deadline for depositions. In support of this motion, Plaintiff states as follows: Certificate of Compliance, Local Rule 7.1 Undersigned counsel certifies that she has, in good faith, attempted to confer with opposing counsel in an effort to resolve this matter without court action. At the time of the filing of this motion, the undersigned had not heard back from Defendant's counsel. 1. This case has not yet been set for trial. The parties attempted to schedule a Rule

30(b)(6) deposition of the Defendant, prior to the expiration of the discovery period, but were unable to coordinate schedules. The parties have agreed to conduct the Defendant's deposition on April 4, 2006.

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2.

The current discovery cutoff for depositions is today, March 15, 2006.

Plaintiff

requests that the discovery deadline be extended up to and including April 4, 2006 for the purpose oftaking this one final deposition. 3. The pretrial conference is scheduled for April 18, 2006. This extension will not

necessitate that the pretrial conference be delayed. 4. Good cause exists to amend the scheduling order in that Plaintiff should be

afforded the opportunity to complete his discovery. WHEREFORE, Plaintiffprays that this Court amend the Scheduling Order as set forth above and for such other relief as the Court deems just. Respectfully submitted this 15th day of March, 2006

LINDQUIST & VENNUM P.L.L.P.

By: sI Jeri J. Hatch Jeri J. Hatch Lindquist & Vennum P,L.L.P. 600 17th St., Suite 1800~S Denver, CO 80202 (303) 573-5900 Telephone (303) 573-1956 Facsimile
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ATTORNEYS FOR PLAINTIFF

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Case 1:04-cv-00931-LTB-MJW

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CERTIFICATE OF SERVICE I hereby certify that on March 15, 2006, I have served the foregoing PLAINTIFF'S MOTION TO AMEND SCHEDULING ORDER via first class U.S. Mail to Bruce Anderson, Esq. Stettner, Miller & Cohn PC 1050 17th Street, Suite 700 Denver, CO 80265-2008 Earnest Stanton 437 Hwy 287, Apt. #4 Fort Collins, CO 80524

S/ Trina Moore Trina Moore

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