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

Case 1:03-cv-02319-WDM-MJW

Document 214

Filed 01/25/2006

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No.: 03-CV-02319-WDM-MJW OLOYEA D. WALLIN, Plaintiff, vs. CMI, KIM DEMPEWOLF, RYAN BRADLEY, MARY, SANDRA, AARON, JASON and CHARLES Defendants. ______________________________________________________________________________ DEFENDANTS' MOTION TO EXTEND DISCOVERY AND DISPOSITIVE MOTIONS DEADLINES ______________________________________________________________________________ COME NOW the Defendants, CMI, Kim Dempewolf, Marye Deming and Jason Coolidge, by and through counsel, and hereby submit the following Motion to Extend Discovery and Dispositive Motions Deadlines: 1. Due to the difficulty of telephonically communicating with Plaintiff due to his

incarceration and the necessity of timely filing this motion, the undersigned did not confer with Plaintiff pursuant to D.C. COLO.LCivR. 7.1(A) regarding the relief requested herein. 2. The current deadline for completing discovery and filing dispositive motions is

January 31, 2006.

Case 1:03-cv-02319-WDM-MJW

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3.

As the Court is aware, Plaintiff has refused to provide notarized medical releases for

Arapahoe County Detention Facility or Arkansas Valley Correction Facility, despite the Court's Order of December 6, 2005 (Docket Number 187) that Plaintiff provide notarized releases within ten (10) days of the Court's Order. Plaintiff filed an Objection to the Court's Order on December 23, 2005 (Docket Number 199), to which Defendants responded on January 11, 2006 (Docket Number 208). 4. Defendants may wish to take Plaintiff's deposition and requested that his deposition

be scheduled long ago. However, Defendants will not be able to take a complete and thorough deposition without Plaintiff's medical records. In addition, Defendants also intend on filing a motion for summary judgment. Defendants believePlaintiffs' medical records will corroborate Defendants' defense that Plaintiff did not experience the symptoms he alleges occurred as a result of the Antabuse treatment he received while a resident of Centennial Community Transition Center. 5. Even if Plaintiff were to provide medical releases today, it will take some time for

Defendants to obtain all of the relevant medical records. Obtaining these records prior to the current discovery and dispositive motions deadline would be virtually impossible. Defendants submit that good cause exists to amend the Scheduling Order to extend the discovery cutoff and dispositive motion deadlines. Plaintiff will not be unfairly prejudiced by this extension, as it is Plaintiff's refusal to provide medical releases which has caused a delay in obtaining his medical records. Defendants further note that the recent service of Defendant Monique Martel may necessitate an amendment of the Scheduling Order to accommodate this belatedly-added Defendant. Accordingly,

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Case 1:03-cv-02319-WDM-MJW

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Defendants request that the discovery and dispositive deadlines be extended to and including March 1, 2006. WHEREFORE, Defendants respectfully request that the Scheduling Order be amended to extend the dispositive motions and discovery deadlines to March 1, 2006. Respectfully submitted this 25th day of January, 2006. s/ Steven J. Wienczkowski Steven J. Wienczkowski PRYOR JOHNSON CARNEY KARR NIXON , P.C. 5619 DTC Parkway, Suite 1200 Greenwood Village, Colorado 80111 (303) 773-3500 E-Mail: [email protected] ATTORNEYS FOR CMI, KIM DEMPEWOLF, MARYE DEMING AND JASON COOLIDGE CERTIFICATE OF SERVICE I hereby certify that on the 25th day of January, 2006, a true and correct copy of the foregoing was filed via electronic filing, as well as placed in the U.S. Mail, postage prepaid thereon, addressed to: Oloyea D. Wallin Reg. #111389 ARKANSAS VALLEY CORRECTIONAL FACILITY P.O. Box 1000 Crowley, Colorado 81034 Billy-George Hertzke, Esq. SENTER , GOLDFARB & RICE , LLC 1700 Broadway, Suite 1700 Denver, Colorado 80290

s/Laura Buckingham Laura Buckingham, on behalf of Pryor Johnson Carney Karr Nixon, P.C. -3-

Case 1:03-cv-02319-WDM-MJW

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