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

Case 1:04-cv-00617-LTB-BNB

Document 121

Filed 12/15/2005

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Magistrate Judge Boyd N. Boland Civil Action No. 04-cv-00617-LTB-BNB POLYROCK TECHNOLOGIES, LLC., a Colorado limited liability company, Plaintiff, v. GENERAL STEEL DOMESTIC SALES, LLC, a Colorado limited liability company, d/b/a General Steel Corporation, GENSTONE ENTERPRISES, LLC, a Colorado limited liability company, d/b/a GenStone, JEFF KNIGHT, KEVIN KISSIRE, and CHUCK DEMAREST, Defendants. ______________________________________________________________________________ ORDER ______________________________________________________________________________ This matter is before me on the parties'Stipulated Motion to Amend Scheduling Order (the " Motion" filed December 8, 2005. The Motion requests essentially a 60 day extension of ), time to designate experts and 30 day extensions of the discovery cut-off and dispositive motion deadline. Granting the Motion would result in a discovery cut-off of April 28, 2006, and a dispositive motion deadline of May 15, 2006. Trial is set to begin on August 14, 2006, and the final trial preparation conference is July 20, 2006. The Motion offers little by way of justification for the extensions other than that the parties have agreed to them. Extending the dispositive motion deadline to less than three months prior to trial would leave the district judge with less than 60 days to resolve undoubtedly complex motions for summary judgment, which is an undue burden. I will not expose the district judge to such a

Case 1:04-cv-00617-LTB-BNB

Document 121

Filed 12/15/2005

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burden on the meager showing made here. Extending the remaining deadlines imposes no similar burden. Accordingly, IT IS ORDERED that the Motion is GRANTED to the following extent: Discovery Cut-Off: April 28, 2006

(All discovery must be completed by the discovery cut-off. All written discovery must be served so that responses are due on or before the discovery cut-off.)

Dispositive Motions Deadline: Expert Disclosures: (a)

April 28, 2006

The parties shall designate all experts with respect to issues on which they bear the burden of proof and provide opposing counsel with all information specified in Fed. R. Civ. P. 26(a)(2) on or before February 17, 2006 The parties shall designate all experts with respect to issues on which they do not bear the burden of proof and provide opposing counsel with all information specified in Fed. R. Civ. P. 26(a)(2) on or before March 17, 2006

(b)

(c)

The parties shall designate all rebuttal experts and provide opposing counsel with all information specified in Fed. R. Civ. P. 26(a)(2) on or before April 7, 2006

IT IS FURTHER ORDERED that the Motion is DENIED in all other respects.

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Case 1:04-cv-00617-LTB-BNB

Document 121

Filed 12/15/2005

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Dated December 15, 2005. BY THE COURT: s/ Boyd N. Boland United States Magistrate Judge

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