Country Mutual Insurance Company v. Rocky Mountain Construction Company, LLC et al

Filing 99

ORDER withdrawing 75 Motion to Compel, withdrawing 78 Motion for Protective Order, and granting 96 Motion to Withdraw. The Motion Hearing set for March 5, 2013 at 1:30 p.m. before Magistrate Judge Kathleen M. Tafoya is VACATED. Section 9(e)(3) and (4) of the Scheduling Order 69 are modified by the court. The parties shall designate all experts and provide opposing counsel with all information specified in Fed. R. Civ. P. 26(a)(2) on or before June 4, 2013. The parties shall designate all rebuttal experts and provide opposing counsel with all information specified in Fed. R. Civ. P. 26(a)(2) on or before July 19, 2013. Fact Discovery Deadline, Dispositive Motions Deadline, Final Pretrial/Trial Prep Conference, and Jury Trial dates are NOT modified by this Order. By Magistrate Judge Kathleen M. Tafoya on 3/5/2013.(kmtcd)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Magistrate Judge Kathleen M. Tafoya
Civil Action No. 12–cv–00453–REB–KMT

COUNTRY MUTUAL INSURANCE COMPANY, an Illinois corporation,
Plaintiff,
v.
ROCKY MOUNTAIN CONSTRUCTION COMPANY, LLC, a Colorado limited liability
company,
ANTHONY K. FLORES,
FORTINO FLORES,
DAVID STILES, and
BRENDA STILES, citizens of the State Colorado,
Defendants/Third-Party Plaintiffs,
v.
JOSHUA HARTMAN, and
BRANDON AVERY,
Third-Party Defendants.

ORDER

This matter is before the court on “Defendants’ Unopposed Motion to Withdraw Motion
to Compel and Request for Extension of Expert Disclosure Deadlines” [Doc. No. 96] and on
“Country Mutual Insurance Company’s Notice to Withdraw Motion for Protective Order
Without Prejudice” [Doc. No. 98].

The parties have advised the court that the issues raised in the previously filed
“Defendants Motion to Compel [Doc. No. 75] and the Plaintiff’s “Motion for Protective Order”
[Doc. 78] have been resolved without intervention from the court. Both sides have agreed to
withdraw their respective motions and have requested that the court vacate the March 5, 2013
hearing.
It is therefore ORDERED
1.

“Defendants’ Unopposed Motion to Withdraw Motion to Compel and Request for
Extension of Expert Disclosure Deadlines” [Doc. No. 96] is GRANTED and the
“Defendants Motion to Compel [Doc. No. 75] is WITHDRAWN.

2.

Pursuant to the Notice from Plaintiff as set forth above, Plaintiff’s “Motion for
Protective Order” [Doc. 78] is WITHDRAWN.

3.

The Motion Hearing set for March 5, 2013 at 1:30 p.m. is VACATED.

4.

The following modifications to Section 9(e)(3) and (4) of the Scheduling Order
[Doc. No. 69] are approved by the court:
3. The parties shall designate all experts and provide opposing
counsel with all information specified in Fed. R. Civ. P. 26(a)(2)
on or before June 4, 2013.
4. The parties shall designate all rebuttal experts and provide
opposing counsel with all information specified in Fed. R. Civ. P.
26(a)(2) on or before July 19, 2013.

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5.

The following dates in the Scheduling Order are NOT modified and remain as
previously set:
Fact Discovery Deadline
Dispositive Motions Deadline
Final Pretrial/Trial Prep Conference
Jury Trial

Dated this 5th day of March, 2013.

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April 30, 2013
May 30, 2013
September 20, 2013 at 3:00 p.m.
October 7, 2013