Hunter v. Salem, Missouri, City of et al

Filing 43

MOTION for Extension of Time to Complete Discovery Motion for Extension of Time for Defendants to Disclose Experts and Complete Discovery by Defendants Board of Trustees, Salem Public Library, Glenda Woffard. (Attachments: # 1 Exhibit)(Cologna, Matt)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MISSOURI EASTERN DIVISION ANAKA HUNTER, ) ) Plaintiff, ) ) vs. ) ) CITY OF SALEM, MISSOURI, ) BOARD OF TRUSTEES, Salem Public ) Library, and GLENDA WOFFORD, ) Individually, and in her official capacity ) As Director of the Salem Public Library, ) ) Defendants. ) Case No: 4:12-CV-0004-ERW JURY TRIAL DEMANDED MOTION FOR EXTENSION OF TIME FOR DEFENDANTS TO DISCLOSE EXPERTS AND COMPLETE DISCOVERY COME NOW Defendants Glenda Wofford and the Board of Trustees of the Salem Public Library, by and through their attorneys of record, Baird, Lighter, Millsap & Harpool, P.C., and move this Court to extend the time in which to disclose experts for the following reasons: 1. Plaintiff’s deposition was noticed for November 2, 2012. 2. At Plaintiff’s counsel’s request, the deposition was rescheduled for November 1, 2012, due to Plaintiff’s surgery scheduled for November 2, 2012. 3. On October 31, 2012, Plaintiff’s counsel informed Defendants’ counsel that Plaintiff would not appear for her deposition. 4. On November 5, 2012, this Court granted Plaintiff until November 19, 2012 to respond to Defendants’ discovery requests. 5. Defendants’ expert disclosures and reports are due November 7, 2012, but without Plaintiff’s deposition and discovery responses Defendants’ expert cannot complete her report. 1 6. On November 2, 2012, counsel for Plaintiff and counsel for Defendants agreed that the deadline for Defendants to disclose their experts’ reports should be extended to seven days after the date Defendants depose Plaintiff, and that the deadline to depose experts be extended to 21 days after Defendants’ expert reports are disclosed. A copy of counsels’ communication is attached as Exhibit A. 7. Because Plaintiff’s deposition has not been rescheduled as of the date of this motion, counsel is unable to provide the court with firm dates for the extensions, but does not believe the extensions will have a significant impact on other deadlines at this time. 8. An extension will not impact the June 24, 2013 trial setting. WHEREFORE, Defendants, with the consent of Plaintiff, pray this court to grant an extension of time to disclose their experts until seven days after Plaintiff’s deposition, an extension of time to produce those experts for deposition until 21 days after expert reports are disclosed, and. Respectfully submitted, BAIRD, LIGHTNER, MILLSAP & HARPOOL, P.C. By: /s/Matt Cologna M. DOUGLAS HARPOOL #28702, 28702MO MATT COLOGNA #62020, 62020MO 1901-C South Ventura Avenue Springfield, MO 65804-2700 Telephone (417) 887-0133 Facsimile (417) 887-8740 Attorneys for Defendants 2 CERTIFICATE OF SERVICE I hereby certify that on the 7th day of November, 2012, I electronically filed the foregoing with the Clerk of Court using the CM/ECF system which provided a copy of same to the below listed counsel of record: Anthony E. Rothert Grant R. Doty ACLU of Eastern Missouri 454 Whittier Street St. Louis, MO 63108 Fax: 324-652-3112 Daniel Mach ACLU Foundation 915 15th Street, NWS Washington, DC 20005 Fax: 202-546-0738 /s/ Matt Cologna Matt Cologna 3

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