Lim v. American Economy Insurance Company

Filing 32

MINUTE ORDER by Magistrate Judge Kristen L. Mix on 3/6/14 Granting in part and denying in part 30 Motion to Amend the Civil Scheduling Order [#30]. Discovery due by 5/1/2014. Dispositive Motions due by 6/2/2014.(lag)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 13-cv-02063-CMA-KLM
TAE HYUNG LIM,
Plaintiff,
v.
AMERICAN ECONOMY INSURANCE COMPANY,
Defendant.
______________________________________________________________________
MINUTE ORDER
_______________________________________________________________________
ENTERED BY MAGISTRATE JUDGE KRISTEN L. MIX
This matter is before the Court on the parties’ Joint Motion to Amend the Civil
Scheduling Order [#30]1 (the “Motion”). In the Motion the parties ask that several dates
set in the Scheduling Order [#18] be extended. Among other things, the Motion states that
“the parties agreed that Plaintiff would have until March 14, 2014 to supplement his
F.R.C.P. 26(a)(2) disclosures and that Defendant would have until April 14, 2014 to provide
its F.R.C.P. 26(a)(2) endorsements to Plaintiff.” Motion [#30] at 1-2. The Motion also asks
the Court to extend the discovery deadline and the dispositive motions deadline. Id. at 2.
However, the Motion does not mention the March 15, 2014 deadline for disclosure of
rebuttal experts set in the Scheduling Order. Scheduling Order [#18] at §9.d.4. It is clear
that the parties anticipate expert disclosures, but it is not clear if they (1) have decided to
forego rebuttal expert disclosures, (2) inadvertently failed to address rebuttal expert
disclosures, or (3) if Defendant anticipates disclosing rebuttal experts only and Plaintiff
does not anticipate disclosing any rebuttal expert and, therefore, the parties intend to
request an extension of the rebuttal expert disclosure deadline when they ask for an
extension of Defendant’s Fed. R. Civ. P. 26(a)(2) disclosure deadline. Accordingly,
IT IS HEREBY ORDERED that the Motion [#30] is GRANTED in part and DENIED
without prejudice in part. The Scheduling Order entered on October 7, 2013 [#18] is
amended to extend the following deadlines:

1

“[#30]” is an example of the convention the Court uses to identify the docket number
assigned to a specific paper by the Court’s case management and electronic case filing system
(CM/ECF). The Court uses this convention throughout this Minute Order.

1

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Plaintiff’s Supplemental Expert Disclosure Deadline
Discovery Deadline
Dispositive Motions Deadline

March 14, 2014
May 1, 2014
June 2, 2014

The parties may address the requested April 14, 2014 deadline in a motion that
clarifies the confusion addressed above.
Dated: March 6, 2014

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