Thomas v. Auto-Owners Insurance Company et al

Filing 49

COURTROOM MINUTES/MINUTE ORDER for proceedings held before Magistrate Judge Michael E. Hegarty: Motion Hearing held on 10/13/2011, granting 23 Defendant Auto-Owners Insurance Company's Motion to Compel F.R.C.P. 35 Examinations, granting in par t and denying in part 25 Defendant Auto-Owners Insurance Company's Motion to Compel Pursuant to F.R.C.P. 37, granting in part and denying in part 32 Defendants' Amended Joint Motion to Amend Scheduling Order, denying as moot 42 Plaint iff's Motion for Entry of a Protective Order, and deferring ruling on 43 Plaintiff's Motion to Compel Defendant Auto-Owners Pursuant to F.R.C.P. 37. Discovery due by 12/15/2011. Dispositive Motions due by 12/1/2011. Plaintiff's Status Report due by 10/19/2011. Status Conference regarding the independent medical exam set for 11/2/2011 at 9:30 AM in Courtroom A 501 before Magistrate Judge Michael E. Hegarty. (FTR: C. Coomes -- FTR Courtroom A-501) (mehcd)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
MAGISTRATE JUDGE MICHAEL E. HEGARTY
Civil Action No. 11-cv-00413-RBJ-MEH
Courtroom Deputy: Cathy Coomes

Date: October 13, 2011
FTR – Courtroom A501

RUDY THOMAS,

Marc Bendinelli

Plaintiff,
vs.
AUTO-OWNERS INSURANCE COMPANY and
BRISTOL WEST INSURANCE COMPANY,

Amanda Burke
Gregory Giometti
Stephanie Montague

Defendants.

COURTROOM MINUTES/MINUTE ORDER
MOTION HEARING
Court in session:

1:35 p.m.

Court calls case. Appearances of counsel.
Argument and discussion regarding Defendant Auto-Owners Insurance Company’s Motion to
Compel F.R.C.P. 35 Examinations (Doc. #23, filed 9/7/11), Defendant Auto-Owners Insurance
Company’s Motion to Compel Pursuant to F.R.C.P. 37 (Doc. #25, filed 9/12/11); Defendants’
Amended Joint Motion to Amend Scheduling Order and Extend Case Deadlines (Doc. #32, filed
9/23/11); Plaintiff’s Motion for Entry of a Protective Order (Doc. #42, filed 10/10/11) and
Plaintiff’s Motion to Compel Defendant Auto-Owners Pursuant to F.R.C.P. 37 (Doc. #43, filed
10/10/11).
ORDERED: As stated on the record, the Court enters the following rulings on the above
motions:
1.

Defendant Auto-Owners Insurance Company’s Motion to Compel F.R.C.P.
35 Examinations (Doc. #23, filed 9/7/11) is GRANTED.

2.

Defendant Auto-Owners Insurance Company’s Motion to Compel Pursuant
to F.R.C.P. 37 (Doc. #25, filed 9/12/11) is GRANTED IN PART and
DENIED IN PART.

3.

Defendants’ Amended Joint Motion to Amend Scheduling Order and
Extend Case Deadlines (Doc. #32, filed 9/23/11) is GRANTED IN PART
and DENIED IN PART.
•
Dispositive motions due by December 1, 2011.
•
Defendants’ expert witness designation due by November 14,
2011.
•
Fact and expert discovery due by December 15, 2011.
•
Rule 702 motions due by December 20, 2011.

4.

Plaintiff’s Motion for Entry of a Protective Order (Doc. #42, filed
10/10/11) is DENIED as moot.

5.

Plaintiff’s Motion to Compel Defendant Auto-Owners Pursuant to F.R.C.P.
37 (Doc. #43, filed 10/10/11) is held in abeyance, pending review of a
Status Report to be filed by Plaintiff on or before October 19, 2011.

ORDERED: A Status Conference is set for November 2, 2011, at 9:30 a.m. regarding the
independent medical examination of Plaintiff.
Court in recess:
3:27 p.m. (Hearing concluded)
Total time in court: 1:52