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)

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.
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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 [phone]
Facsimile [phone]
[e-mail]
[e-mail]
Attorneys for Defendants

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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: [phone]

Daniel Mach
ACLU Foundation
915 15th Street, NWS
Washington, DC 20005
Fax: [phone]
/s/ Matt Cologna
Matt Cologna

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