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

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

Document 178

Filed 11/22/2005

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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' 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 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 178

Filed 11/22/2005

Page 2 of 3

2.

Defendants' expert disclosures are due on December 5, 2005. As the Court is aware,

this case has been delayed somewhat by several continuances of the Show Cause Order relating to unserved Defendants in this case. Pursuant to the Courtroom Minutes/Minute Order of November 17, 2005, the Court will issue a recommendation that Defendants Sandra Cannon-Grant and Charles Abbott be dismissed for failure to prosecute. The Court also granted Plaintiff's request to serve process upon Monique M. Martel. Therefore, not all of the Defendants in this matter have been served or dismissed. Defendants submit that the uncertainty as to which Defendants will be a party in this case has delayed the assessment of which experts, if any, Defendants will need to retain in this matter. 3. More importantly, Defendants have not been able to obtain all of Plaintiff's pertinent

medical records. Plaintiff alleges that he had an adverse reaction to the drug Antabuse, which is commonly given as a deterrent to the use of alcohol. Plaintiff alleges that he was "forced" to take Antabuse while he was a resident at one of CMI's facilities, and that it caused him medical harm. In order to defend this claim, it is vital that Defendants have an opportunity to review Plaintiff's medical records and, if necessary, have his records reviewed by an appropriate expert. As set forth in Defendants' Motion to Compel Notarized Releases From Plaintiff, which is being filed concomitantly with this motion, Defendants request that Plaintiff be compelled to provide notarized releases for his medical care providers so that Defendants can provide these records to an expert. With the December 5, 2005 deadline fast approaching, it is unlikely that Defendants will be able to obtain notarized releases from Plaintiff, obtain all of the pertinent medical records, and have them reviewed by an expert prior to the December 5th deadline. -2-

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

Document 178

Filed 11/22/2005

Page 3 of 3

4.

Accordingly, Defendants respectfully request an additional twenty-five (25) days, to

and including December 30, 2005, 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 22nd day of November, 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 CERTIFICATE OF SERVICE I hereby certify that on the 22nd day of November, 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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