Kellar v. United States Department of Veterans Affairs

Filing 172

MINUTE ORDER This matter is before the Courton Plaintiffs (Opposed) Motion(s) Docket No. 170 , IT IS HEREBY ORDERED that Defendant shall file its response to Plaintiffs Motion, if any, on or before April 19, 2010. Plaintiff shall file any reply on or before April 23, 2010. IT IS FURTHER ORDERED that the Motion is HELD IN ABEYANCE pending further briefing. by Magistrate Judge Kristen L. Mix on 4/13/2010.(erv, )

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 08-cv-00761-WYD-KLM RICHARD D. KELLAR, Plaintiff, v. UNITED STATES DEPARTMENT OF VETERAN AFFAIRS, a federal agency of the United States, Defendant. _____________________________________________________________________ MINUTE ORDER _____________________________________________________________________ ENTERED BY MAGISTRATE JUDGE KRISTEN L. MIX This matter is before the Court on Plaintiff's (Opposed) Motion(s) [Docket No. 170; Filed April 9, 2010] (the "Motion"). In the Motion, Plaintiff requests an order from the Court requiring that Defendant's expert witness, Dr. Harold J. Bursztajn, produce certain documents related to his examination of Plaintiff. Plaintiff also requests leave to endorse a new expert witness, both for Plaintiff's case-in-chief and for rebuttal purposes. Plaintiff explains that Deneen R. Gammons, Ph.D., the expert witness previously designated by Plaintiff, has moved to another state and Plaintiff lacks funds to bring her to Colorado for the trial. This matter is set for a bench trial on June 1, 2010. Accordingly, IT IS HEREBY ORDERED that Defendant shall file its response to Plaintiff's Motion, if any, on or before April 19, 2010. Plaintiff shall file any reply on or before April 23, 2010. IT IS FURTHER ORDERED that the Motion is HELD IN ABEYANCE pending further briefing. Dated: April 13, 2010