Nau Holdings, LLC et al v. Dlorah, Inc.

Filing 92

ORDER Granting in Part and D enying in Part 75 Sealed Document, filed by Horny Toad Activewear, Inc., Nau Holdings, LLC; Deferred Ruling on 74 Unopposed MOTION TO SEAL MOTION TO STRIKE DLORAHS EXPERT filed by Horny Toad Activewear, Inc., Nau Hold ings, LLC,; Denying as Moot 79 MOTION to regarding Expedited Hearing filed by Dlorah, Inc. IT IS FURTHER ORDERED that the expert discovery cut-off is extended to and including September 30, 2010. by Magistrate Judge Boyd N. Boland on 7/26/2010. (erv, )

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Magistrate Judge Boyd N. Boland Civil Action No. 08-cv-02743-CMA-BNB NAU HOLDINGS, LLC, and HORNY TOAD ACTIVEWEAR, INC., Plaintiffs, v. DLORAH, INC., Defendant. ORDER This matter arises on the following: (1) Plaintiffs' Motion to Strike Dlorah's Expert Reports Under Rule 37 for

Failure to Comply With Rule 26(a)(2)(B) and Request for Expedited Hearing, Including Brief In Support Thereof [Doc. # 75, filed 7/2/2010] (the "Motion to Strike"); (2) Unopposed Motion to Seal Motion to Strike Dlorah's Expert Reports Under

Rule 37 and Exhibits A-J Attached Thereto [Doc. # 74, filed 7/2/2010] (the "Motion to Seal"); and (3) Defendant Dlorah, Inc.'s Motion to Strike or Not Consider Request for an

Expedited Hearing or Expedited Relief In Plaintiffs' Motion to Strike Dlorah's Expert Reports Under Rule 37 for Failure to Comply With Rule 26(a)(2)(B) and Request for Expedited Hearing, Including Brief In Support Thereof [Doc. # 79, filed 7/6/2010] ("Motion re Expedited Hearing"). I held a hearing on the motions on July 23, 2010, and made rulings on the record, which

are incorporated here. In summary and for the reasons stated on the record: IT IS ORDERED that the Motion to Strike [Doc. # 75] is GRANTED IN PART and DENIED IN PART as follows: · GRANTED to require the defendant to produce on or before August 9, 2010, unredacted copies of the survey forms prepared in connection with the market survey performed by Dr. Leon B. Kaplan; and · DENIED in all other respects. IT IS FURTHER ORDERED that a ruling on the Motion to Seal [Doc. # 74] is deferred pending submissions by the parties, on or before August 9, 2010, concerning a more narrow request to seal only confidential information. IT IS FURTHER ORDERED that the Motion re Expedited Hearing [Doc. # 79] is DENIED as moot. IT IS FURTHER ORDERED that the plaintiff may have to and including August 27, 2010, within which to designate an expert rebutting the opinions of Dr. Leon B. Kaplan and to provide opposing counsel with all information specified in Fed. R. Civ. P. 26(a)(2) in connection with that rebuttal expert. IT IS FURTHER ORDERED that the expert discovery cut-off is extended to and including September 30, 2010.

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DATED July 26, 2010. BY THE COURT: s/ Boyd N. Boland United States Magistrate Judge

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