R.E. Monks Construction Co., LLC v. Telluride Regional Airport Authority

Filing 51

MINUTE ORDER granting in part and denying in part 49 the Stipulated Motion to Stay Proceedings and Extend Discovery Pending Outcome of Conditional Settlement Agreement. Initial expert disclosures due by 10/24/2012. Rebuttal expert disclosures due by 11/20/2012. Discovery due by 12/21/2012. Dispositive Motions due by 1/28/2013. Final Pretrial Conference set for 3/19/2013 09:30 AM in Courtroom A 501 before Magistrate Judge Michael E. Hegarty. By Magistrate Judge Michael E. Hegarty on 8/24/2012. (mehcd)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 11-cv-01658-WJM-MEH
R.E. MONKS CONSTRUCTION CO., LLC, an Arizona limited liability company, on behalf of
Fisher Sand & Gravel Co., d/b/a Arizona Drilling & Blasting,
Plaintiff,
v.
TELLURIDE REGIONAL AIRPORT AUTHORITY, a political subdivision of the State of
Colorado,
Defendant.

MINUTE ORDER
Entered by Michael E. Hegarty, United States Magistrate Judge, on August 24, 2012.
For exceptional cause shown, the Stipulated Motion to Stay Proceedings and Extend
Discovery Pending Outcome of Conditional Settlement Agreement [filed August 22, 2012; docket
#49] is granted in part and denied in part. In an effort to assist the parties in completing the
settlement of this matter, the Court will modify the Scheduling Order as follows:
Initial expert disclosures:
Rebuttal expert disclosures:
Discovery cutoff:
Dispositive motion deadline:

October 24, 2012
November 20, 2012
December 21, 20121
January 28, 2013

The Court will grant no further extension of these deadlines absent a showing of exceptional cause.
In addition, the Final Pretrial Conference scheduled in this case for January 18, 2013 at 9:30
a.m. is hereby vacated and rescheduled to March 19, 2013, at 9:30 a.m. in Courtroom A501 on
the fifth floor of the Alfred A. Arraj United States Courthouse, 901 19th Street, Denver, Colorado.
The parties shall submit their proposed pretrial order, pursuant to District of Colorado
Electronic Case Filing (“ECF”) Procedures V.L. no later than five (5) business days prior to the
pretrial conference. The proposed pretrial order to be submitted to the Magistrate Judge under the

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The parties request a discovery cutoff date of February 22, 2013; however, they fail to
explain the necessity for a 90-day period between expert disclosures and the discovery cutoff,
particularly when the original Scheduling Order provided less than 30 days. See docket #15.
Without some explanation for such a lengthy period, the Court will not stray from its obligation to
secure a “just, speedy and inexpensive determination” of this action. See Fed. R. Civ. P. 1.

ECF Procedures must be submitted in a useable format (i.e., WordPerfect or Word only) and shall
be emailed to the Magistrate Judge at [e-mail].
Attorneys and/or pro se parties not participating in ECF shall submit their proposed pretrial
order on paper to the Clerk’s Office. However, if any party in this case is participating in ECF, it
is the responsibility of that party to submit the proposed pretrial order pursuant to the District of
Colorado ECF Procedures.
The parties shall prepare the proposed pretrial order in accordance with the form
which may be downloaded in richtext format from the forms section of the court’s website at
http://www.cod.uscourts.gov/Forms.aspx. Instructions for downloading in richtext format are
posted in the forms section of the website.
All out-of-state counsel shall comply with D.C. Colo. LCivR 83.3C prior to the pretrial
conference.
The parties are further advised that they shall not assume that the court will grant the relief
requested in any motion. Failure to appear at a court-ordered conference or to comply with a courtordered deadline which has not be vacated by court order may result in the imposition of sanctions.
Please remember that anyone seeking entry into the Alfred A. Arraj United States
Courthouse will be required to show a valid photo identification. See D.C. Colo. LCivR 83.2B.
All other relief sought by the parties in the present motion is denied.

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