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

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

Document 54

Filed 01/20/2006

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No.: 04-CV-00931-LTB-MJW 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. When she initially discussed the matter with opposing counsel, he said he would "probably" agree to extend the deadline for depositions. The undersigned tried to call opposing counsel again today, but was unable to reach him. 1. This case has not yet been set for trial. The parties have recently reopened

settlement discussions and are exploring the potential to settle this case in a timely and costefficient manner. If the parties are unable to resolve this matter on their own, they will request a settlement conference with this court.

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

Document 54

Filed 01/20/2006

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2.

While exploring the possibility of settlement, it is in both parties best interest not

to incur unnecessary expenses related to discovery. If the parties are unable to reach a settlement, then additional depositions will be necessary. 3. The current discovery cutoff date is January 22, 2006. Plaintiffrequests that the

discovcry deadline for depositions only, be extended up to an including March 15, 2006. 4. The pretrial conference will be scheduled within 30 days from the discovery

cutoff date. The proposed final pretrial order shall be submitted five days before the hearing date. 5. Good cause exists to amend the scheduling order. The parties are attempting to

settle this matter and if successful, will conserve this Court's time and resources. 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 20th day of January, 2006

L]INDQUIST & VENNUM P.L.L.P.

By: A'-' Jen J. Hafrqn 7 Lindqui$ & Vcnrn~m .L.L.P. 600 l7tht~t., uite `1S9'0-S 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

Document 54

Filed 01/20/2006

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CERTIFICATE OF SERVICE I hereby certify that on January 20, 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

nna Moore

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