Howell v. Centric Group, LLC et al

Filing 72

COURTROOM MINUTES - Minute Entry for proceedings held before Magistrate Judge Craig B. Shaffer: A Status Conference was held on 8/4/2010. ORDERED: The Motion for Leave to File an Amended Complaint, doc # 56 is GRANTED. An Amended Complaint shall b e filed on or before AUGUST 11, 2010; Plaintiff's Motion for Extension of Time to File Motion for Summary Judgment, doc # 59 is DENIED AS MOOT; Motion for an Order Compelling Discovery, doc # 60 is DENIED. By 5:00 p.m. on Friday, AUGUST 6, 20 10, Centric Group is REQUIRED to produce to Mr. Howell the MSDS sheet that he is asking for, or a statement explaining the circumstances under which Centric Group does not have the MSDS sheet. Centric Group shall produce a copy of the insurance poli cy as soon as the certified copy is available; The Amended Motion for Extension of Time to File Plaintiff's Motion for Summary Judgment, doc # 66 , is GRANTED. The deadline for filing dispositive motions is extended to SEPTEMBER 4, 2010. The c ourt will not extend this deadline any further; Centric's oral motion to withdraw, without prejudice, the Motion for Summary Judgment, doc # 18 , and the Amended Motion for Summary Judgment, doc # 21 is GRANTED and doc # 18 , and doc # 21 are deemed WITHDRAWN WITH LEAVE TO REFILE on or before SEPTEMBER 4, 2010; Plaintiff's Request for Court to Rule on the MSDS's Admissibility and That the MSDS's Be an Exception to the Hearsay Rule and Be Considered as Business Records, doc # 67 , is DENIED WITHOUT PREJUDICE. Dispositive Motions due by 9/4/2010. By Magistrate Judge Craig B. Shaffer. (Court Reporter FTR - Linda Kahoe) (cbscd)

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Magistrate Judge Craig B. Shaffer
Civil Action No.: 09-cv-02299-MSK-CBS Date: August 4, 2010 FTR - Reporter Deck - Courtroom A402 Courtroom Deputy: Linda Kahoe

THOMAS HOWELL, Plaintiff, v. CENTRIC GROUP, LLC, Defendant.

Pro se (via phone)

James Andrew Johnson

COURTROOM MINUTES/MINUTE ORDER HEARING: STATUS CONFERENCE Court in session: 10:47 a.m. Court calls case. Appearance of counsel. Mr. Howell is pro se and appearing via phone. Discussion regarding Mr. Howell's additional 10 requests for production. Discussion regarding Motion for Leave to File an Amended Complaint, doc #[56], filed 6/22/2010. ORDERED: The Motion for Leave to File an Amended Complaint, doc #[56] is GRANTED. An Amended Complaint shall be filed on or before AUGUST 11, 2010. Discussion regarding Plaintiff's Motion for Extension of Time to File Motion for Summary Judgment, doc #[59], filed 7/9/2010. ORDERED: Plaintiff's Motion for Extension of Time to File Motion for Summary Judgment, doc #[59] is DENIED AS MOOT. Discussion regarding Motion for an Order Compelling Discovery, doc #[60], filed 7/9/2010. ORDERED: Motion for an Order Compelling Discovery, doc #[60] is DENIED. By 5:00 p.m. on Friday, AUGUST 6, 2010, Centric Group is REQUIRED to produce to Mr. Howell the MSDS sheet that he is asking for, or a statement explaining the circumstances under which Centric Group does not have the MSDS sheet. Centric Group shall produce a copy of the insurance policy as soon as the certified copy is available..

Discussion regarding Amended Motion for Extension of Time to File Plaintiff's Motion for Summary Judgment, doc #[66], filed 7/29/2010. ORDERED: The Amended Motion for Extension of Time to File Plaintiff's Motion for Summary Judgment, doc #[66], is GRANTED. The deadline for filing dispositive motions is extended to SEPTEMBER 4, 2010. The court will not extend this deadline any further. Mr. Johnson makes an oral motion to withdraw, without prejudice, the Motion for Summary Judgment, doc #[18], and the Amended Motion for Summary Judgment, doc #[21]. Mr. Howell states no objection. ORDERED: Centric's oral motion to withdraw, without prejudice, the Motion for Summary Judgment, doc #[18], and the Amended Motion for Summary Judgment, doc #[21] is GRANTED. The Motion for Summary Judgment, doc #[18], and the Amended Motion for Summary Judgment, doc #[21] are deemed WITHDRAWN WITH LEAVE TO REFILE on or before SEPTEMBER 4, 2010. Discussion regarding Plaintiff Requests for Court to Rule on the MSDS's Admissibility and That the MSDS's Be an Exception to the Hearsay Rule and Be Considered as Business Records, doc #[67], filed 7/29/2010 ORDERED: Plaintiff's Request for Court to Rule on the MSDS's Admissibility and That the MSDS's Be an Exception to the Hearsay Rule and Be Considered as Business Records, doc #[67], is DENIED WITHOUT PREJUDICE. The request is premature. Mr. Howell confirms that he will not be needing any experts. Discussion regarding settlement. HEARING CONCLUDED. Court in recess: Total time in court: 11:13 a.m. 00:26

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