Free Motion to Amend/Correct/Modify - District Court of Colorado - Colorado

Case 1:04-cv-01263-REB-KLM

Document 127-2

Filed 06/19/2006

Page 1 of 3

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO
Civil Action No. 04-cv- O1263- PSF- MEH

ROBERT M. FRIEDLAND
Plaintiff,

TIC - THE INDUSTRIAL COMPANY; GEOSYNTEC CONSULTANTS INC. f/k/a GEOSERVICES , INC.
Defendants.

ORDER GRANTING STIPULATED MOTION FOR MODIFICA TION OF SCHEDULING ORDER AND RELATED RELIEF

This matter having come before the Court on the Parties ' Stipulated Motion for

Modification of Scheduling Order and Related Relief (" Motion ), and the Court being advised in
the premises of the Motion and finding good cause appearing,

IT IS HEREBY ORDERED that the Motion is GRANTED and the Scheduling Order and
other referenced orders , motions and deadlines are modified as follows:
Defendant's Motion to Bifurcate will be withdrawn only as it relates to

discovery

of liability and damage issues. The Parties will conduct and complete damages and allocation

related discovery according to the schedule set forth below. The Motion to Bifurcate , however
to the extent it seeks separate trials

on liability and damage will remain pending for resolution by

the Court.

Case 1:04-cv-01263-REB-KLM

Document 127-2

Filed 06/19/2006

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GeoSyntec s Motion to Compel is withdrawn , without prejudice , except for that

portion of the Motion to Compel the production of the settlement agreement between Friedland

and USF&G and any other settlement agreements Mr. Friedland does not produce on or before
June 20 , 2006 as per Paragraph 3 below. Friedland will use his best efforts to produce , and/or

secure permission to produce , all settlement agreements.

Plaintiff will provide to Defendants , by no later than

June 20 ,

2006 copies of the

settlement agreements involving Robert Friedland and non- parties related to or arising from

litigation or threatened litigation related to the Summitville Mine that Mr. Friedland has received
requisite permission to produce. The production shall include , for example , and without

limitation , any such agreements between Friedland and Travelers Insurance , Bechtel , Bank of America , Burnett , Conveyor and/or Columbia. The agreements shall remain confidential under

the Protective Order of April 27 , 2006 , (Docket No. Ill),
insurance company unless ordered by the Court.

and shall not be disclosed to any

In addition to the underlying damages and cost documents at issue in this case
Plaintiff will provide Defendants with a summary of the defense and other costs incurred by Mr.

Friedland. In so doing, Plaintiff is not waiving any attorney- client or work product privilege
beyond that which may be comprised of the summary itself.

Except as set forth herein, the Parties will supplement their discovery responses , if
appropriate , by no later than
June 28

2006.

The Court' s January 27 2006 order granting Plaintiffs " Unopposed Motion to

Extend or Stay the Deadline for Submitting Expert Reports " is vacated.
Fact discovery related to liability issues will be completed by

June 30

2006.

Case 1:04-cv-01263-REB-KLM

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All expert discovery related to liability issues will be completed no later than
August 15

2006.

Plaintiff s expert reports on damage and allocation issues , and all documents
considered by Plaintiff s expert( s) in the preparation of such reports , will be served no later than
August 11

2006.

10.

Defendants ' expert reports on damages and allocation issues , and all documents

considered by Defendants ' expert(s) in the preparation of such reports , will be submitted no later
than

October 15

2006.

11.
by November

All discovery related to damages and allocation issues shall be completed on or
, 2006. Written discovery related to damages shall be served by no later than

October

, 2006.
12.

The dispositive motion deadline is currently set for July 15 , 2006. Given that

damages discovery and expert reports has not yet commenced, the Parties agree that the
dispositive motions deadline for damages issues should be put back to

October 30 ,

2006.

13.
September 7 ,

The preliminary pretrial conference will proceed as presently scheduled on
2006 , but shall be limited to liability issues. The Parties shall supplement the
December 1 , 2006

proposed pretrial order by

with damages/allocation information (subject to

any decision by the Court regarding GeoSyntec s Motion to Bifurcate).

DATED this

day of

2006.

BY THE COURT