BMW of North America, LLC, et al v. Mini Works, LLC

Filing 85

ORDER - IT IS HEREBY ORDERED denying the 83 Motion to Extend Dfts' Expert Disclosure Deadline. FURTHER ORDERED that all dates set forth in the Court's 1/12/09 80 Scheduling Order remain intact. Signed by Judge Stephen M McNamee on 1/29/09.(SAT)

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA

BMW OF NORTH AMERICA, LLC and) BAYERISCHE MOTOREN WERKE ) ) AG, ) ) Plaintiffs, ) ) v. ) MINI WORKS, LLC; POLE POSITION ) ) PARTNERS GROUP, LLC; POLE ) POSITION USA, LLC; VICTOR BARREIRA; and LINDA SCHARABY, ) ) ) Defendants. )

No. CV 07-1936-PHX-SMM ORDER

Before the Court is Motion to Extend Defendants' Expert Disclosure Deadline (Doc. 83). Defendants request a three-week extension to continue their efforts to locate an affordable rebuttal expert. The June 16, 2008 Scheduling Order has been modified multiple times in this case to accommodate both parties (Docs. 45, 49, 52, 56, 58). Specifically, as to expert disclosures, Defendants asked the Court for an extension of their expert disclosures after an extension was granted to Plaintiffs to make their opening expert disclosure (Doc. 72). Defendants requested a deadline of January 13, 2009 to submit their expert disclosures. The Court denied this extension, and instead asked the parties to file a stipulation setting out agreed-upon deadlines for discovery, expert disclosures, and dispositive motions (Doc. 73). The Court granted the stipulation, including Defendants' requested deadline of January 27 to make its expert disclosures (Doc. 80). Defendants' request for yet another

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extension will not be granted, when the parties previously submitted a stipulation of agreed-upon dates. Accordingly, IT IS HEREBY ORDERED DENYING Motion to Extend Defendants' Expert Disclosure Deadline (Doc. 83). IT IS FURTHER ORDERED that all dates set forth in the Court's January 12, 2009 Scheduling Order remain intact (Doc. 80). DATED this 29th day of January, 2009.

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