Graber v. City and County of Denver et al

Filing 32

MINUTE ORDER granting 31 Plaintiffs' Motion to Modify Scheduling Order to Extend Time to Conduct Depositions. Plaintiff shall have 30 days to conduct the depositions of Defendant Miller and Officer Davis after Court resolves issues raised in 30 Defendants' Motion for Protective Order, by Judge John L. Kane on 03/25/2010.(wjc, ) Modified on 3/26/2010 to add text and linkage (wjc, ).

UNITED STATES DISTRICT COURT DISTRICT OF COLORADO Judge John L. Kane Civil Action No. 09-cv-01029-JLK-MJW JASON ANTHONY GRABER Plaintiff, v. CITY AND COUNTY OF DENVER, a municipality, OFFICER SHAWN MILLER, in his official and individual capacity, UNKNOWN DENVER POLICE DEPARTMENT OFFICERS 1 - 2, in their official and individual capacities Defendants. MINUTE ORDER
Judge John L. Kane ORDERS This matter is before me on Plaintiffs' Motion to Modify Scheduling Order to Extend Time to Conduct Depositions (Doc. 31), filed March 25, 2010. As Plaintiff notes, a scheduling order may be modified "only for good cause and with [my] consent." Fed. R. Civ. P. 16(b)(4). I find that Plaintiffs have shown good cause for their failure to take the depositions as originally scheduled. Pursuant to D.C. Colo. L. Civ. R. 30.2, the pending depositions have been automatically stayed pending resolution of Defendants' Motion for Protective Order (Doc. 30). The merits of the parties' failure to reach agreement on the terms and conditions of the depositions notwithstanding, this automatic stay is beyond the control of Plaintiff. Accordingly, Plaintiff's Motion is GRANTED, and Plaintiff shall have 30 days to conduct the depositions of Defendant Miller and Officer Davis after I resolve the issues raised in Defendants' Motion for

Protective Order (Doc. 30). Dated: March 25, 2010