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

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

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Filed 07/20/2005

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 2004-CV-931-B-MJW ERNEST STANTON Plaintiff, v. YANCEY'S FOOD SERVICE CORPORATION, Defendant.

UNOPPOSED MOTION TO AMEND SCHEDULING ORDER

Defendant, Yancey's Food Service Corporation, by and through its attorneys, Bruce Anderson and Stettner, Miller and Cohn, P.C., moves to amend the Scheduling Order to extend the discovery cutoff and related dates. CERTIFICATE OF COMPLIANCE, LOCAL RULE 7.1A Undersigned counsel certifies that he has, in good faith, conferred with opposing counsel in an effort to resolve this matter without court action and Plaintiff's counsel does not object to the relief requested. 1. On March 30, 2005, Defendant served its First Set of

Interrogatories and First Request for Production of Documents on Plaintiff. 2005. Plaintiff did not provide responses until June 2,

Plaintiff's responses were not complete.

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2.

On June 15, 2005, Defendant filed a Motion to Compel

seeking answers to various portions of the written discovery. The parties attempted to resolve the matters raised in the Motion to Compel without the necessity of a Court order. On

July 1, 2005, Plaintiff produced documents responsive, in part, to Defendant's discovery requests. 3. On July 13, 2005, Defendant requested further

clarification from Plaintiff as to the discovery responses. Plaintiff provided a response on July 15, 2005. Included in the

response of July 15, 2005, was a list of the various medical providers that have provided services to Plaintiff. After

receipt of this list, Defendant provided a release of medical records to each of the medical providers requesting they provide information relating to Plaintiff. 4. Plaintiff's deposition has not been scheduled, as

Defendant needs to review the medical information requested from the medical providers prior to taking Plaintiff's deposition. Plaintiff has not yet taken any depositions. 5. Defendant requests that the Scheduling Order be

amended to reflect the following deadlines: Cutoff Discovery Dispositive Motion Deadline Interrogatories Request for Production of Documents Request for Admission October 24, 2005 November 23, 2005 September 23, 2005 September 23, 2005 September 23, 2005

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6.

Defendant submits, due to Plaintiff's delay in

providing adequate discovery responses, good cause exists to amend the Scheduling Order. 7. Defendant further requests that the Settlement

Conference scheduled for July 26, 2005 be vacated and reset to a date after Defendant has had the opportunity to depose Plaintiff. WHEREFORE, Defendant Yancey's Food Service Corporation prays that the Court amend the Scheduling Order as set forth above and for such other relief as the Court deems just.

DATED July 20, 2005 Respectfully submitted, Stettner, Miller and Cohn, P.C.

s/Bruce Anderson Bruce Anderson 1050 17th Street Suite 700 Denver, Colorado 80265-2008 303.534.0273 303.534.5036(facsimile) e-mail: [email protected]

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CERTIFICATE OF SERVICE I certify that on July 20, 2005, I electronically filed the foregoing with the Clerk of Court using the CM/ECF system which will send notification of such filing to the following e-mail addresses: [email protected]

s/Judy Romano Judy Romano Stettner, Miller and Cohn, P.C. 1050 Seventeenth Street Suite 700 Denver, Colorado 80265-2008 303.534.0273 303.534.5036(facsimile) e-mail: [email protected]

h:\bruce\yancey\stanton\plds\amend sch order.doc