Daugherty et al v. Encana Oil & Gas (USA), Inc.

Filing 156

MINUTE ORDER. IT IS HEREBY ORDERED that 154 Plaintiffs' opposed Second Motion to Amend Scheduling Order for Additional Time to Disclose Expert Opinion Information is taken under advisement by the Court. IT IS FURTHER ORDERED that on or be fore February 26, 2013 the parties shall jointly contact the Court via the undersigned's telephonic discovery dispute procedures to resolve the present Motion 154 and any written discovery dispute that impacts the Motion 154 . By Magistrate Judge Kristen L. Mix on 02/14/13. (alvsl)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 10-cv-02272-RBJ-KLM
DAVID GASTON,
DAVID SMITH,
MATTHEW DAUGHERTY,
DARWIN L. HARPER,
DANIEL GASTON,
GUILLERMO GRADO,
CHARLES GRIMSLEY,
JARED W. LANGLEY,
KEVIN SMITH,
BRETT CRABB, and
CODY TAGUE, on their behalf and on behalf of those similarly situated,
Plaintiffs,
v.
ENCANA OIL & GAS (USA), INC., a Delaware corporation,
Defendant.
_____________________________________________________________________
MINUTE ORDER
______________________________________________________________________
ENTERED BY MAGISTRATE JUDGE KRISTEN L. MIX
This matter is before the Court on Plaintiffs’ opposed Second Motion to Amend
Scheduling Order for Additional Time to Disclose Expert Opinion Information [Docket
No. 154; Filed February 13, 2013] (the “Motion”). Expert disclosure by the parties are due
by February 19, 2013. Minute Order [#146]. Plaintiffs seek an extension of this deadline,
but the extension they seek is closely tied to a discovery dispute regarding written
discovery. This latter dispute is not yet before the Court, but Plaintiffs assert that they are
preparing the undersigned’s written discovery dispute chart and will shortly be telephoning
the Court with opposing counsel pursuant to the undersigned’s discovery dispute
procedures. [#128-1].
A request to amend the Scheduling Order is properly brought to the Court’s attention
by written motion, as Plaintiffs properly did here. However, in this case, the request to
extend the expert disclosure deadline is so closely entwined with the dispute over written
discovery that the Court finds the two should be considered simultaneously. Accordingly,
IT IS HEREBY ORDERED that the Motion [#154] is taken under advisement by the
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Court.
IT IS FURTHER ORDERED that on or before February 26, 2013 the parties shall
jointly contact the Court via the undersigned’s telephonic discovery dispute procedures to
resolve the present Motion [#154] and any written discovery dispute that impacts the
Motion [#154].

Dated: February 14, 2013

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