Bergerud v. Fortunato et al

Filing 38

ORDER: denying as moot 21 Plaintiffs Motion for Extension. Granting in part and denying in part 26 MOTION to Compel filed by Allen Bergerud. Granting 30 MOTION for Extension of Time to File Dispositive Motions filed by Joseph Fortunato , Brian Webster, Kathy Rittenhouse. Dispositive Motions due by 10/30/2009. Proposed Pretrial Order due by 12/31/2009. Final Pretrial Conference set for 1/7/2010 08:30 AM in Courtroom A 401 before Magistrate Judge Boyd N. Boland, by Magistrate Judge Boyd N. Boland on 9/30/09. (bnbcd, )

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Magistrate Judge Boyd N. Boland Civil Action No. 07-cv-02319-CMA-BNB ALLEN BERGERUD, Plaintiff, v. JOSEPH FORTUNATO, D.O., KATHY RITTENHOUSE, N.P., and BRIAN WEBSTER, P.A., Defendants. ______________________________________________________________________________ ORDER ______________________________________________________________________________ This matter arises on the following: 1. Plaintiff's Motion for Extension of Time to Designate Experts [Doc. #21, filed 05/15/2009] ("Plaintiff's Motion for Extension"); 2. Plaintiff's Motion to Compel Disclosure of Expert Reports [Doc. #26, filed 08/10/2009] (the "Motion to Compel"); and 3. Defendants' Motion for Extension of Time to File Dispositive Motions [Doc. # 30, filed 9/4/2009] ("Defendants' Motion for Extension"). I held a hearing on the motions this morning and made rulings on the record, which are incorporated here. In summary and for the reasons stated on the record: IT IS ORDERED that Plaintiff's Motion for Extension is DENIED as moot. IT IS FURTHER ORDERED that the Motion to Compel is GRANTED IN PART and DENIED IN PART as follows:

GRANTED to require the defendants to provide, on or before November 2, 2009, a written report consistent with the requirements of Fed. R. Civ. P. 26(a)(2)(B) with respect to the opinions of Dr. Paula Frantz; and DENIED in all other respects. IT IS FURTHER ORDERED that the Defendants' Motion for Extension is GRANTED, and the dispositive motion deadline is extended to and including October 30, 2009. IT IS FURTHER ORDERED that a final pretrial conference will be held in this case on January 7, 2010, at 8:30 a.m. The plaintiff and his case worker shall contact the court at that date and time by telephone at 303-844-6408 to participate in the pretrial conference. A Final Pretrial Order shall be prepared by the parties and submitted to the court no later than December 31, 2009. Dated September 30, 2009. BY THE COURT: s/ Boyd N. Boland United States Magistrate Judge

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