Cohen v. Public Service Company of Colorado d/b/a Xcel Energy

Filing 101

ORDER denying 87 Motion to Strike and granting 79 Motion for Extension by Magistrate Judge Boyd N. Boland on 1/24/14. (dkals, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Magistrate Judge Boyd N. Boland
Civil Action No. 13-cv-00578-WYD-BNB
STACEY COHEN,
Plaintiff,
v.
PUBLIC SERVICE COMPANY OF COLORADO, d/b/a/ XCEL ENERGY,
Defendant.
______________________________________________________________________________
ORDER
______________________________________________________________________________
This matter arises on the following:
(1)

Plaintiff’s Motion to Strike Witnesses Endorsed On or After the Discovery

Cut-Off Date [Doc. # 87, filed 12/19/2013] (the “Motion to Strike”); and
(2)

Defendant’s Motion for Extension of Discovery Period to Take Two Hour

Deposition of Plaintiff’s Economic Expert [Doc. # 79, filed 12/5/2013] (“Motion for
Extension”).
I held a hearing on the motions this morning and made rulings on the record, which are
incorporated here.
IT IS ORDERED:
(1)

The Motion to Strike [Doc. # 87] is DENIED;

(2)

To address any surprise or prejudice resulting from the late disclosure of

witnesses, discovery is reopened to and including March 14, 2014, to allow the plaintiff to take
discovery concerning the late disclosed witnesses, and the plaintiff may take the depositions of

not more than five of the late disclosed witnesses; and
(3)

The Motion for Extension [Doc. # 79] is GRANTED. The plaintiff is granted

leave to depose Dr. Jane Lillydahl for not more than two hours. The deposition shall be
completed on or before March 14, 2014.
Dated January 24, 2014.
BY THE COURT:
s/ Boyd N. Boland
United States Magistrate Judge

2