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

Case 1:03-cv-00557-WYD-KLM

Document 265

Filed 04/18/2008

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 03-cv-557-WYD-KLM RUSSELL M. BOLES, Plaintiff, v. GARY D. NEET, Defendant.

JOINT MOTION TO MODIFY SCHEDULING ORDER TO FACILITATE SETTLEMENT

Plaintiff Russell M. Boles ("Boles"), by and through his attorneys Isaacson Rosenbaum P.C., and Defendant Gary D. Neet ("Neet"), by and through his counsel, the Office of the Attorney General of the State of Colorado hereby jointly ask this Court to vacate the April 29, 2008 settlement conference and to modify the current Scheduling Order to facilitate completion of the Parties' settlement discussions. In support of this Motion, the Parties state as follows: 1. This is a prisoner's rights case. Plaintiff Boles is currently incarcerated at the

Sterling Correctional Facility. 2. The Parties have agreed in principle to a settlement and are working to confirm

the exact details of the settlement. However, because counsel for Plaintiff Boles can only communicate with Mr. Boles via regular mail, completion of the details and exact method of implementation of the settlement terms requires more time than if counsel were able to reach Mr. Boles via telephone or e-mail and may take two to three weeks.

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Case 1:03-cv-00557-WYD-KLM

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3.

The current Scheduling Order, entered on January 7, 2008, prohibits any

alterations or amendments without a showing of good cause. The Parties have good cause for the requested amendments to the Scheduling Order because extending the pretrial deadlines will allow the parties to resolve the case without the need for a settlement conference. Moreover, extending the deadlines will relieve the parties from the burden and costs of discovery and expert obligations which will become inapplicable once the settlement is finalized. 4. The current deadlines and settings are as follows: A. B. C. D. E. 5. Designation of experts: Designation of rebuttal experts: End of discovery period: Settlement conference: May 1, 2008 May 31, 2008 June 16, 2008 April 29, 2008 at 1:30 p.m.

Confidential settlement statements: April 25, 2008

The Parties respectfully request that the Court vacate the settlement conference

and move all deadlines back 30 days to allow them to finalize the details of settlement and to execute settlement and dismissal documents. This request is not made for delay but solely to allow the Parties to have the time needed to complete and finalize settlement under the circumstance of Mr. Boles' incarceration. 6. The Parties request that the Court modify the Scheduling Order to include the

following revised deadlines: A. B. C. D. Designation of experts: Designation of rebuttal experts: End of discovery period: Settlement conference: June 2, 2008 June 30, 2008 July 15, 2008 [to be determined by the Court]

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Case 1:03-cv-00557-WYD-KLM

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E.

Confidential settlement statements: [to be determined by the Court]

WHEREFORE, the Parties request that this Court vacate the current April 29, 2008 settlement conference and amend the Scheduling Order to extend all deadlines by 30 days as stated above to facilitate the settlement and dismissal of this case, and that the Court grant them such other and further relief as the Court deems just and proper. Respectfully submitted this 18th day of April, 2008.

s/Jessica Runyan Allen Blain D. Myhre, Esq. Jessica Runyan Allen, Esq. Isaacson Rosenbaum P.C. 633 17th Street, Suite 2200 Denver, CO 80202 Telephone: (303)292-5656

s/James X. Quinn James X. Quinn, Esq. Assistant Attorney General Civil Litigation and Employment Section 1525 Sherman Street, Fifth Floor Denver, CO 80203 Telephone: (303) 866-4307

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Case 1:03-cv-00557-WYD-KLM

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CERTIFICATE OF SERVICE I hereby certify that on the 18th day of April, 2008, I electronically filed the foregoing with the Clerk of the Court using the CM/ECF system which will send notification of such filing to the following email address: [email protected] s/Jessica Runyan Allen Jessica Runyan Allen Attorney for Plaintiff Russell Boles Isaacson Rosenbaum P.C. 633 17th Street, Suite 2200 Denver, Colorado 80202 Telephone: (303) 292-5656 Facsimile: (303) 292-3152 E-mail: [email protected]

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