Hunter v. Salem, Missouri, City of et al

Filing 58

MOTION for Extension of: Defendants to Disclose Experts and Reports, and to file a Dispositive Motion 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 REPORTS, AND TO FILE A
DISPOSITIVE MOTION
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.

The deadline for dispositive motions in this case is February 25, 2012.

2.

On November 7, 2012, Plaintiff was ordered to appear for deposition no later than
November 30, 2012.

3.

Despite requests for available dates, Defendants have yet to receive dates or take
the deposition of Plaintiff, and therefore are unable to file a motion for summary
judgment at this time.

4.

In addition, Defendants have yet to receive responses to their discovery requests,
which were due November 19, 2012, and are therefore unable to file a dispositive
motion.

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5.

Plaintiff’s deposition was properly noticed for November 2, 2012, and
rescheduled at Plaintiff’s request for November 1, 2012. On October 31, 2012,
Plaintiff’s counsel informed Defendants’ counsel that Plaintiff would not appear
for her deposition.

6.

On November 5, 2012, this Court granted Plaintiff until November 19, 2012 to
respond to Defendants’ discovery requests, which have not been received.

7.

Despite attempts to obtain available dates for deposition and other requests for
responses to discovery, counsel has not received available dates or discovery
responses from Plaintiff.

8.

In addition, Defendants have been unable to disclose expert reports because the
reports cannot be finalized until Plaintiff has been deposed and responded to
discovery.

9.

An extension will not impact the June 24, 2013 trial setting.

WHEREFORE, Defendants, pray this court to grant an extension of time to disclose their
experts and reports until ten days after Plaintiff’s deposition is taken and discovery responses are
received, and an extension of time to file a dispositive motion until March 22, 2013.
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]
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Attorneys for Defendants

CERTIFICATE OF SERVICE
I hereby certify that on the 25th day of February, 2013, 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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