Bargen v. Sapp Bros Travel Centers, Inc. et al

Filing 58

MINUTE ORDER; 56 Unopposed Motion to Amend Scheduling Order to Extend Rebuttal Expert Disclosure Deadline is GRANTED. The Scheduling Order 51 is modified to extend the rebuttal expert designation deadline to 11/26/2012, by Magistrate Judge Kristen L. Mix on 10/23/2012.(klmcd, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 12-cv-01199-CMA-KLM
THOANCHELLE BARGEN,
Plaintiff,
v.
SAPP BROS TRAVEL CENTERS INC., a Nebraska Corporation,
SAPP BROS TRAVEL CENTERS INC. d/b/a APPLE BARREL RESTAURANT,
DIANA COLLINS, an individual,
ASHLEY M. BAILEY, an individual,
PAULA GAER, an individual,
ANTHONY SENA, an individual,
CITY OF COMMERCE CITY, a municipal corporation,
DAX NANCE, Officer, individually and in his official capacity,
DOES I through X, inclusive, and
ROE ENTITIES I through X, inclusive,
Defendants.
_____________________________________________________________________
MINUTE ORDER
______________________________________________________________________
ENTERED BY MAGISTRATE JUDGE KRISTEN L. MIX
This matter is before the Court on the Unopposed Motion to Amend Scheduling
Order to Extend Rebuttal Expert Disclosure Deadline [Docket No. 56; Filed October 22,
2012] (the “Motion”) submitted by Defendants City of Commerce City and Dax Nance
(“Defendants”). Defendants explain that although Plaintiff timely disclosed her expert, Dr.
Wilbert Miles, on October 12, 2012, the disclosure was not accompanied by a written report
as required by Fed. R. Civ. P. 26(a)(2). According to Defendants, Plaintiff’s counsel
represents that although Dr. Miles has completed his evaluation of Plaintiff, counsel has
not yet received the report. Defendants therefore request that the rebuttal expert deadline
be extended to thirty days after they receive Dr. Miles’ expert report. The Court grants the
extension but sets a date certain for the rebuttal expert designation on the expectation that
the expert report will be provided forthwith.
IT IS HEREBY ORDERED that the Motion [#56] is GRANTED. The Scheduling
Order entered on September 18, 2012 [#51] is modified to extend the following deadline:
•

Rebuttal Expert Designation Deadline

Dated: October 23, 2012

November 26, 2012