Free Motion for Extension of Time - District Court of Colorado - Colorado

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

Document 192

Filed 12/12/2005

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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' SECOND MOTION FOR EXTENSION OF TIME TO DESIGNATE EXPERT WITNESSES ______________________________________________________________________________ COME NOW the Defendants, CMI, Kim Dempewolf, Marye Deming and Jason Coolidge, by and through counsel, and hereby submit the following Second Motion for Extension of Time to Designate Expert Witnesses. 1. Due to the difficulty of communicating with Plaintiff due to his incarceration and the

necessity of timely filing this motion, the undersigned did not confer with Plaintiff regarding the relief requested herein.

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

Document 192

Filed 12/12/2005

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2.

Defendants' expert disclosures are currently due on December 30, 2005. The Court

recently entered an Order on December 6, 2005, allowing Plaintiff ten (10) days from the date of the Order within which to provide notarized medical releases for the Defendants to obtain Plaintiff's medical records. Until Plaintiff provides Defendant with medical releases, Defendants cannot obtain Plaintiff's medical records, and have those records reviewed by an appropriate expert. 3. Accordingly, Defendants respectfully request an additional twenty-one (21) days, to

and including January 20, 2006, in which to endorse their expert witnesses. Defendants submit that Plaintiff will not be prejudiced by this brief extension of time, and further submit that any delay in disclosing Defendants' experts is the result of Plaintiff's failure to timely provide medical releases necessary to obtain his medical records. Respectfully submitted this 12th day of December, 2005. 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

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

Document 192

Filed 12/12/2005

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CERTIFICATE OF SERVICE I hereby certify that on the 12th day of December, 2005, 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

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

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