Ankeney v. Zavaras et al

Filing 123

MINUTE ORDER denying 99 Plaintiff's Motion for Hearing/Conference; denying 101 Plaintiff's Motion for Order; granting 117 Plaintiff's Motion for Extension of Time to File Reply up to and including April 25, 2011 ; granting 118 Plaintiff's Motion for Extension of Time to File Reply up to and including April 25, 2011 ; granting 119 Plaintiff's Motion for Extension of Time to File Reply up to and including April 25, 2011 by Magistrate Judge Michael J. Watanabe on 4/12/2011.(erv, )

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 09-cv-02085-CMA-MJW RANDAL ANKENEY, Plaintiff, v. DR. TIM CREANY, NURSE PRACTITIONER KLENKE, and NURSE PRACTITIONER HIBBS, Defendant. MINUTE ORDER Entered by Magistrate Judge Michael J. Watanabe It is hereby ORDERED that Plaintiff’s Request for Extension of Time to File Reply in Support of Plaintiff’s Motion for Summary Judgment (Docket No. 117) is granted, and plaintiff shall have up to and including April 25, 2011, to file a reply in support of his Motion for Summary Judgment (Docket No. 86). It is further ORDERED that Plaintiff’s Request for Extension of Time to File Reply in Support of Plaintiff’s Motion to Amend (Docket No. 118) is granted, and plaintiff shall have up to and including April 25, 2011, to file his reply in support of his Motion to Amend (Docket No. 87). It is further ORDERED that Plaintiff’s Request for Extension of Time to File Reply in Support of Plaintiff’s Motion for Costs of Depositions (Docket No. 119) is granted, and plaintiff shall have up to and including April 25, 2011, to file his reply in support of his Motion for Costs (Docket No. 88). It is further ORDERED that plaintiff’s Motion for Hearing to Establish Facts Pursuant to Rule 56(d)(2) (Docket No. 99) is denied. The court does not find it necessary to “interrogate” the attorneys in this case in order to determine what material facts are not genuinely at issue in this case. In addition, plaintiff seeks this hearing to narrow the issues, but the court has already narrowed the issues in this case. (See Docket No. 41 at 11; Judge Arguello’s Order of May 19, 2010). It is further ORDERED that the plaintiff’s Motion for Physical Examination (Docket No. 101) is denied for the reasons stated in the defendants’ response (Docket No. 114). It is further Page 2 of 2 ORDERED that plaintiff’s Second Motion for Court Appointed Expert (Docket No. 105) is denied, substantially for the reasons stated in the defendants’ response (Docket No. 116). While medical issues are involved in this case, this case is not overly complex, only one issue remains in this case, and the court finds that a court-appointed expert is not necessary. Date: April 12, 2011

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