WildEarth Guardians v. Lamar Utilities Board et al

Filing 62

ORDER. The Motion to Amend 49 is GRANTED. The Clerk of the Court is directed to accept for filing the First Amended Complaint [49-1]. The Motion for Payment 50 is DENIED. The Motion for Extension 54 is GRANTED. The Motion to Shorten Time 55 is DENIED. By Magistrate Judge Boyd N. Boland on 05/20/2010.(sah, )

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, Plaintiff, v. LAMAR UTILITIES BOARD d/b/a LAMAR LIGHT AND POWER, and ARIZONA RIVER POWER AUTHORITY, Defendants. ______________________________________________________________________________ ORDER ______________________________________________________________________________ This matter arises on the following: (1) Plaintiff's Motion to Leave to Amend Complaint [Doc. # 49, filed 4/30/2010]

(the "Motion to Amend"); (2) Defendants' Motion to Compel Payment of Copy Expenses [Doc. # 50, filed

4/30/2010] (the "Motion for Payment"); (3) Plaintiff's Motion to Amend the Case Scheduling Order [Doc. # 54, filed

5/5/2010] (the "Motion for Extension"); and (4) Plaintiff's Motion to Shorten Time [Doc. # 55, filed 5/5/2010].

I held a hearing on the motions this morning and made rulings on the record. In summary and for the reasons stated on the record: IT IS ORDERED that the Motion to Amend [Doc. # 49] is GRANTED. The Clerk of the Court is directed to accept for filing the First Amended Complaint [Doc. # 49-1]. IT IS FURTHER ORDERED that the Motion for Payment [Doc. # 50] is DENIED.

IT IS FURTHER ORDERED that the Motion for Extension [Doc. # 54] is GRANTED, and the case schedule is modified to the following extent: Expert Disclosures: (a) The plaintiffs shall designate any expert on the issue of mercury emissions and control technology and provide opposing counsel with all information specified in Fed. R. Civ. P. 26(a)(2) on or before June 14, 2010 The defendants shall designate any expert in rebuttal to the plaintiffs' mercury emissions and control technology expert and provide opposing counsel with all information specified in Fed. R. Civ. P. 26(a)(2) on or before August 2, 2010.

(b)

IT IS FURTHER ORDERED that the Motion to Shorten Time [Doc. # 55] is DENIED. Dated May 20, 2010. BY THE COURT: s/ Boyd N. Boland United States Magistrate Judge

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