USA v. CEMEX, Inc.
Filing
163
MINUTE ORDER granting 161 Plaintiff United States' Unopposed Motion for Leave to Take Depositions of Defendant's Surrebbuttal (sic) Experts Beyond the Close of Expert Discovery. Plaintiff shall complete all depositions of Defendant's surrebuttal experts by 12/16/2011. By Magistrate Judge Michael E. Hegarty on 10/28/2011. (mehcd)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 09-cv-00019-MSK-MEH
UNITED STATES OF AMERICA,
Plaintiff,
v.
CEMEX, INC.,
Defendant.
MINUTE ORDER
Entered by Michael E. Hegarty, United States Magistrate Judge, on October 28, 2011.
Before the Court is Plaintiff United States’ Unopposed Motion for Leave to Take
Depositions of Defendant’s Surrebbuttal (sic) Experts Beyond the Close of Expert Discovery [filed
October 27, 2011; docket #161]. Thus far, the Court has granted five extensions of the discovery
deadline, and has admonished the parties on multiple occasions that no further extensions would be
granted absent a showing of exceptional cause. (See dockets ## 114, 123, 134, 150, 152.) Plaintiff
argues that further time is necessary to depose Defendant’s surrebuttal experts regarding the contents
of their surrebuttal reports. In addition to the reasons Plaintiff proffers, the Court notes that briefing
on dispositive motions is already underway, and that a trial date has not been set. In consideration
of the above, Plaintiff’s motion is granted for exceptional cause shown. Plaintiff shall complete
all depositions of Defendant’s surrebuttal experts on or before December 16, 2011. All other
deadlines remain firmly in effect, and no further extensions of time will be entertained by this Court
absent extraordinary circumstances.
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