ACE American Insurance Corporation et al v. Aurora Organic Dairy Corporation

Filing 128

ORDER Resetting Scheduling Conference for 5/23/2011 at 08:30 AM in Courtroom A 402 before Magistrate Judge Craig B. Shaffer, by Magistrate Judge Craig B. Shaffer on 05/16/2011. (wjc, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Magistrate Judge Craig B. Shaffer
Civil Action No. 08-cv-01236-CBS-BNB
Consolidated with Civil Action No. 09-cv-00346-CBS-BNB

ACE AMERICAN INSURANCE CORPORATION, a Pennsylvania corporation,
INDEMNITY INSURANCE COMPANY OF NORTH AMERICA, a Pennsylvania corporation,
NATIONAL SURETY CORPORATION, an Illinois corporation, and
THE AMERICAN INSURANCE COMPANY, an Ohio corporation,
Plaintiffs,
v.
AURORA DAIRY CORPORATION d/b/a AURORA ORGANIC DAIRY, a Delaware corporation,
Defendant.

AURORA DAIRY CORPORATION d/b/a AURORA ORGANIC DAIRY, a Delaware corporation,
Counterclaim Plaintiff and Third Party Plaintiff,
v.
ACE AMERICAN INSURANCE CORPORATION, a Pennsylvania corporation,
INDEMNITY INSURANCE COMPANY OF NORTH AMERICA, a Pennsylvania corporation,
NATIONAL SURETY CORPORATION, an Illinois corporation, and
THE AMERICAN INSURANCE COMPANY, an Ohio corporation,
Counterclaim Defendants,
and
GENERAL FIRE & CASUALTY COMPANY n/k/a AMERICAN FARMERS & RANCHERS MUTUAL
INSURANCE COMPANY, an Oklahoma corporation,
Third-Party Defendants.
GENERAL FIRE & CASUALTY COMPANY n/k/a AMERICAN FARMERS & RANCHERS MUTUAL
INSURANCE COMPANY, an Oklahoma corporation,
Third-Party Counterclaim Plaintiff,
v.
AURORA DAIRY CORPORATION d/b/a AURORA ORGANIC DAIRY, a Delaware corporation,
Third-Party Counterclaim Defendant.

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Civil Action No. 09-cv-00346-CBS-BNB
AURORA DAIRY CORPORATION d/b/a AURORA ORGANIC DAIRY, a Delaware corporation,
Plaintiff,
v.
NATIONWIDE AGRIBUSINESS INSURANCE COMPANY, an Iowa corporation,
Defendant.

ORDER RESETTING RULE 16(b) SCHEDULING CONFERENCE

Upon the unopposed telephone request of counsel for Defendant Aurora Organic Dairy
Corporation, IT IS HEREBY ORDERED that the Scheduling Conference set for May 19, 2011 is vacated
and RESET for May 23, 2011 at 8:30 a.m. (Mountain Time) in Courtroom A-402, Fourth Floor, of the
Alfred A. Arraj U.S. Courthouse, 901 19th Street, Denver, Colorado. Please remember that anyone
seeking entry into the Alfred A. Arraj United States Courthouse will be required to show valid
photo identification. See D.C.COLO.LCivR 83.2B.
A copy of instructions for the preparation of a scheduling order and a form scheduling order can
be downloaded from the “Forms” section on the Court’s website
(http://www.cod.uscourts.gov/Forms.aspx) under the heading “Standardized Order Forms.”
In accordance with D.C. COLO. ECF. PROC. 5.12, the parties shall file their proposed scheduling
order and also email an editable version to [e-mail] on or before:
5:00 p.m. (Mountain Time) on
May 18, 2011
In those cases in which: (i) the parties’ substantive allegations involve extensive computergenerated records; (ii) a substantial amount of disclosure or discovery will involve information or records
in electronic form (i.e., e-mail, word processing, databases); (iii) expert witnesses will develop testimony
based in large part on computer data and/or modeling; or (iv) any party plans to present a substantial
amount of evidence in digital form at trial, the parties shall confer regarding steps they can take to preserve
computer records and data, facilitate computer-based discovery and who will pay costs, resolve privilege
issues, limit discovery costs and delay, and avoid discovery disputes relating to electronic discovery. The
parties shall be prepared to discuss these issues, as appropriate, in the proposed Scheduling Order.
(2) The parties shall comply with the mandatory disclosure requirements of FED.R.CIV.P. 26(a)(1)
on or before:

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May 18, 2011
Counsel and parties are reminded that mandatory disclosure requirements encompass computer-based
evidence which may be used to support claims or defenses. Mandatory disclosures must be supplemented
by the parties consistent with the requirements of FED.R.CIV.P. 26(e). Mandatory disclosures and
supplementation are not to be filed with the Clerk of the Court.
(3) All parties are expected to be familiar with the United States District Court for the District of
Colorado Local Rules of Practice (D.C.COLOL.CIVR.). Copies are available through the District Court’s
web site: www.cod.uscourts.gov.
All out-of-state counsel shall comply with D.C.COLOL.CIVR. 83.3 prior to the
Scheduling/Planning Conference.
DATED at Denver, Colorado, this 16th day of May, 2011.
BY THE COURT:

s/Craig B. Shaffer
Craig B. Shaffer
United States Magistrate Judge

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