Netquote Inc. v. Byrd

Filing 77

Second MOTION For Extension of Time to Submit Expert Reports by Counter Defendants Netquote Inc., Netquote Inc., Plaintiff Netquote Inc.. (Attachments: # 1 Proposed Order (PDF Only))(Stark, David)

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Netquote Inc. v. Byrd Doc. 77 Case 1:07-cv-00630-DME-MEH Document 77 Filed 09/12/2007 Page 1 of 4 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 07-cv-00630-DME-MEH NETQUOTE INC, a Colorado corporation, Plaint iff, v. BRANDON BYRD, an internet user making use of the IP Addresses and, and MOSTCHOICE.COM, INC., a Georgia corporation, Defendants. SECOND UNOPPOSED MOTION FOR ENLARGEMENT OF TIME TO SUBMIT EXPERT REPORTS NetQuote, Inc. (" etQuote" respectfully moves for an extension of time to submit its N ) opening expert reports. In support of its motion, it states as follows: 1. NetQuote seeks a ten-day extension of time for it to provide its expert disclosures and for MostChoice to provide its rebuttal expert disclosures. NetQuote previously requested an extensio n of time for 30 days after certain discovery was produced for it to provide its opening expert disclosures. By order dated August 20, 2007, this Court granted the motion in part and denied it in part, providing NetQuote until September 21, 2007 to provide its expert disclosures and resetting other case deadlines. 2. NetQuote seeks an additional 10-day extension, to and including October 1, 2007, for it to provide its expert disclosures because its damages expert needs the additional time to synthesize and analyze recently produced discovery, and otherwise to complete his analysis of Case 1:07-cv-00630-DME-MEH Document 77 Filed 09/12/2007 Page 2 of 4 the facts in this case. NetQuote' damages expert has explained to undersigned counsel that his s analysis has been delayed, not only because of the recently produced discovery materials, but also because of a deposition subpoena that he received in another matter. He has assured undersigned counsel that the ten additional days requested will be sufficient for him to be able to complete his analysis, subject only to any future supplements to his report based on additional discovery produced in the case. 3. Undersigned counsel contacted counsel for MostChoice about this request and counsel agreed that, if this request is granted, MostChoice should be permitted to provide its rebuttal expert disclosures on or before November 1, 2007. 4. Pursuant to D.C. Colo. L. Civ. R. 7.1.A, NetQuote states that it has consulted with counsel for MostChoice and that MostChoice does not oppose this request. 5. Pursuant to D.C. Colo. L. Civ. R. 6.1.D, undersigned counsel certifies that a copy of this Motion is being served upon NetQuote. 6. This is the second request by NetQuote for an enlargement of time to provide expert disclosures. WHEREFORE, NetQuote respectfully requests that the Court enter an order re-setting the deadline for NetQuote to provide its initial expert disclosures to October 1, 2007 and resetting the time for MostChoice to file its rebuttal expert disclosures to November 1, 2007. 2 Case 1:07-cv-00630-DME-MEH Document 77 Filed 09/12/2007 Page 3 of 4 Dated: September 12, 2007 Respect fully submitted, _/s David W. Stark_______ David W. Stark FAEGRE & BENSON LLP 3200 Wells Fargo Center 1700 Lincoln Street Denver, Colorado 80203 Tel: (303) 607-3500 / Fax: (303) 607-3600 E-mail: Daniel D. Williams Teresa Taylor Tate FAEGRE & BENSON LLP 1900 Fifteenth Street Boulder, Colorado 80302 Tel: (303) 447-7700 / Fax: (303) 447-7800 E-mail: 3 Case 1:07-cv-00630-DME-MEH Document 77 Filed 09/12/2007 Page 4 of 4 CERTIFICATE OF SERVICE I hereby certify that on September 12, 2007, the foregoing SECOND UNOPPOSED MOTION FOR ENLARGEMENT OF TIME TO FILE EXPERT REPORTS was served via CM/ECF filing on: Ryan L. Isenberg, Esq. ISENBERG & HEWITT, P.C. 7000 Peachtree Dunwoody Road, Bldg 15, Suite 100 At lanta, GA 30328 and was served via U.S. mail, postage paid, addressed to the following persons at the given addresses: Craig Shine NetQuote, Inc. 1860 Blake St. Denver, CO 80202 s/_Daniel D. Williams______ 4

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