WildEarth Guardians v. Lamar Utilities Board et al

Filing 186

ORDER: 178 MOTION for Leave to Designate an Expert, File an Expert Report, and Supplement Expert Report is GRANTED. Expert discovery extended to 4/10/2013. 183 Unopposed MOTION for Leave to Appear by Law Student Laura Wood is granted for purposes of today's hearing. by Magistrate Judge Boyd N. Boland on 2/13/13. (bnbcd, )

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Magistrate Judge Boyd N. Boland Civil Action No. 09-cv-02974-DME-BNB WILDEARTH GUARDIANS, a new Mexico non-profit corporation, Plaintiff, v. LAMAR UTILITIES BOARD d/b/a LAMAR LIGHT AND POWER, and ARKANSAS RIVER POWER AUTHORITY, Defendants. ______________________________________________________________________________ ORDER ______________________________________________________________________________ This matter arises on the following: (1) Plaintiff’s Motion for Leave to Designate Jonathan S. Shefftz as an Expert, File an Expert Report Outside Tule 26(a) Time Limitations, and Supplement the Dr. J. Phyllis Fox Expert Report [Doc. # 178, filed 2/1/2013] (the “Motion re: Experts”); and (2) Plaintiff’s Unopposed Motion to Allow Student Attorney Appearance [Doc. # 183, filed 2/7/2013] (the “Motion re: Student Appearance”). I held a hearing in the motions this morning and made rulings on the record, which are incorporated here. IT IS ORDERED: (1) The Motion re: Experts [Doc. # 178] is GRANTED. (2) The plaintiff shall provide opposing counsel with the expert report of Jonathan S. Shefftz and the supplemental expert report of Dr. J. Phyllis Fox and all information specified in Fed. R. Civ. P. 26(a)(2) on or before February 28, 2013. The defendants shall designate all experts in rebuttal to Mr. Shefftz and to Dr. Fox’s supplement opinions and provide opposing counsel with all information specified in Fed. R. Civ. P. 26(a)(2) on or before April 1, 2013. (3) Expert discovery is extended to and including April 10, 2013, solely for the purpose of allowing the deposition of Mr. Shefftz; the deposition of Dr. Fox as to matters raised for the first time in her supplemental report; and the depositions of any experts designated by the defendants in rebuttal to Mr. Shefftz and the supplemental opinions of Dr. Fox. (4) The Motion re: Student Appearance [Doc. # 183] is GRANTED, and Ms. Wood is allowed to appear on behalf of the plaintiff for the purposes of today’s hearing. Dated February 13, 2013. BY THE COURT: s/ Boyd N. Boland United States Magistrate Judge 2

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