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

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

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Filed 10/24/2005

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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 UNOPPOSED MOTION TO AMEND SCHEDULING ORDER

Plaintiff, Earnest Stanton, by and through his attorneys, moves to amend the Scheduling Order to extend the discovery deadline and related dates. In support ofthis motion, Plaintiff states as follows: Certificate of Compliance, Local Rule 7.1 Undersigned counsel certifies that her colleague has, in good faith, conferred with opposing counsel in an effort to resolve this matter without court action and Defendant's counsel does not object to the proposed amendments to the Scheduling Order set forth herein. 1. This case has not yet been set for trial. Despite diligent efforts to complete the

discovery in the time frame set forth in the Scheduling Order, it is not yet complete. The parties agree that additional time is necessary to complete discovery and therefore seek to extend the discovery deadlines in this case as follows: a. Discovery cutoff date to be extended up to and including January 22, 2006;

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b.

Deadline for Interrogatories to be extended up to and including December 23, 2005;

c.

Deadline for Requests for Production to be extended up to and including December 23, 2005;

d.

Deadline for Requests for Admission to be extended up to and including December 23, 2005.

2.

Correspondingly, Plaintiff also seeks to have the dispositive motions deadline

extended up to and including February 21, 2006. 3. Finally, Plaintiff further requests that the pretrial conference scheduled for

November 18, 2005 at 8:30 be vacated and reset to a date within 30 days from the discovery cutoff date. The proposed final pretrial order shall be submitted five days before the hearing date. 4. Good cause exists to amend the scheduling order. The parties have just

completed extensive written discovery and require additional time to review the documents produced in order to properly prepare for additional depositions. WHEREFORE, Plaintiff prays that this Court amend the Scheduling Order as set forth above and for such other relief as the Court deems just. Respectfully submitted this 24th day ofOctober, 2005.

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LINDQUIST & VENN(JM P.L.L.P.

By: JeriJ. Lindqui~C& VennunI-~tILL.P. 600 17th St., Suite 1800-S Denver, CO 80202 (303) 573-5900 Telephone (303) 573-1956 Facsimile
-

ATTORNEYS FOR PLAINTIFF

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No.: 04-CV-0093 1-LTB-MJW ERNEST STANTON, Plaintiff, vs. YANCEY'S FOOD SERVICE CORPORATION Defendant.

AMENDED SCHEDULING ORDER

It is hereby ORDERED that the Unopposed Motion to Amend Scheduling Order filed with this Court on October 24, 2005 is GRANTED. The Scheduling Order is amended as follows: a. b. The discovery cutoff date is extended up to and including January 22, 2006; The deadline for Interrogatories is extended up to and including December 23, 2005; The deadline for Requests for Production is extended up to and including December 23, 2005; The deadline for Requests for Admission is extended up to and including December 23, 2005; The dispositive motions deadline is extended up to and including February 21, 2006; and

c.

d.

e.

£ The pretrial conference scheduled for November 18, 2005 at 8:30 is VACATED and will be reset to a date within 30 days from the discovery cutoff date. The proposed final pretrial order shall be submitted five days before the hearing date.

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Done this

_______

day of ________________,2005.

By the Court:

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CERTIFICATE OF SERVICE I hereby certify that on October 24, 2005, I have served the foregoing PLAINTIFF'S UNOPPOSED 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 Eamest Stanton 437 Hwy 287, Apt. #4 Fort Collins, CO 80524

rina Moore

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