Gile et al v. Schmidt et alJoint MOTION to Amend/Correct/Modify 29 Scheduling Order to Extend Discovery Cutoff and Dispositive Motion DeadlineD. Colo.September 22, 20171 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No.: 1:16-cv-02498-PAB-NYW KENNETH LEE GILE; CHARLENE DIANNE GILE; AND THE LIVING TRUST OF KENNETH LEE GILE AND CHARLENE DIANNE GILE, Plaintiffs, v. GARY L. SCHMIDT; SHELLY L. SCHMIDT; and THE SCHMIDT REVOCABLE LIVING TRUST AGREEMENT, Defendants. JOINT MOTION TO MODIFY SCHEDULING ORDER TO EXTEND DISCOVERY CUTOFF AND DISPOSITIVE MOTION DEADLINE Plaintiffs Kenneth Lee Gile, Charlene Dianne Gile, and the Living Trust of Kenneth Lee Gile and Charlene Dianne Gile (“Plaintiffs”), and Defendants Gary L. Schmidt, Shelly L. Schmidt and the Schmidt Revocable Living Trust Agreement (“Defendants”), by and through their undersigned counsel, hereby submit this Unopposed Motion, pursuant to D.C.COLO.LCivR 6.1, and respectfully request the Court enter an Order modifying the Scheduling Order (Dkt. No. 29), to extend the deadlines for the parties to complete discovery and file dispositive motions. In support of this Motion, the Parties state as follows: 1. On March 24, 2017, the Court entered its Scheduling Order setting forth a discovery cut-off date of September 25, 2017, and a dispositive motion deadline of October 25, 2017. Case 1:16-cv-02498-PAB-NYW Document 50 Filed 09/22/17 USDC Colorado Page 1 of 4 2 2. By prior motion, the parties sought and the Court approved an extension of the expert discovery schedule, which calls for expert disclosures to continue past the current discovery cut-off date and into October 2017. 3. The parties are also planning certain fact discovery and have conferred regarding dates for depositions. Due to scheduling conflicts and counsel’s trial calendar, the available dates for such depositions also stretch into October 2017. 4. In light of the foregoing, the parties jointly request a six-week extension of the discovery cut-off date, up to and including Monday, November 6, 2017, in order to provide sufficient time to complete depositions of both fact and expert witnesses and any other necessary discovery. In conjunction with the extension of the discovery period, the parties also jointly request the dispositive motion deadline be extended by two weeks, up to and including Wednesday, November 8, 2017, so that it falls after the close of discovery. 5. This Motion is made in good faith and not for purposes of delay. The requested extension will not prejudice any party. Nor will any inconvenience result to the Court as no other pre-trial deadlines, including the December 13, 2017 pre-trial conference date, will be impacted or changed by the granting of this Motion. 6. The undersigned certify that, in accordance with D.C.COLO.LCivR 6.1(c), they will serve this Motion via email upon Plaintiffs Kenneth Lee Gile, Charlene Dianne Gile, and the Living Trust of Kenneth Lee Gile and Charlene Dianne Gile; and upon Defendants Gary L. Schmidt, Shelly L. Schmidt and the Schmidt Revocable Living Trust Agreement. Case 1:16-cv-02498-PAB-NYW Document 50 Filed 09/22/17 USDC Colorado Page 2 of 4 3 WHEREFORE, the Parties respectfully request the Court grant this Motion and enter an Order modifying the Scheduling Order (Dkt. No. 29), as amended, to extend the discovery cut- off to November 6, 2017, and the dispositive motion deadline to November 8, 2017. Respectfully submitted this 22nd day of September, 2017. By: s/ Matthew R. Gile Matthew R. Gile HALL, ESTILL, HARDWICK, GABLE, GOLDEN & NELSON, P.C. 100 N. Broadway, Suite 2900 Oklahoma City, OK 73102 Telephone (405) 553-2327 Email: mgile@hallestill.com Attorneys for Plaintiffs By: s/ Jeffrey M. Lippa Jeffrey M. Lippa., #36835 Greenberg Traurig, LLP 1200 Seventeenth Street, Suite 2400 Denver Colorado 80202 Tel: 303.572.6500 Fax: 303.572.6540 Email: lippaj@gtlaw.com Attorneys for Defendants Case 1:16-cv-02498-PAB-NYW Document 50 Filed 09/22/17 USDC Colorado Page 3 of 4 4 CERTIFICATE OF SERVICE The undersigned certifies that on this 22nd day of September, 2017, a true and correct copy of the foregoing was filed with the Court and served upon the following: To: A.M. Kip Hunter, Esq. Hall, Estill, Hardwick, Gable, Golden & Nelson, P.C. 1050 17th Street, Suite 2500 Denver, Colorado 80265 khunter@hallestill.com Matthew Gile, Esq. 100 N Broadway, Suite 2900 Oklahoma City, OK 73102 mgile@hallestill.com s/ Jeffrey M. Lippa Case 1:16-cv-02498-PAB-NYW Document 50 Filed 09/22/17 USDC Colorado Page 4 of 4
