Long et al v. Cordain et al
ORDER re: 34 MOTION for Leave to File Reply, 28 MOTION to Strike Plaintiff's Untimely Expert Disclosures and 25 MOTION to Stay, by Magistrate Judge Boyd N. Boland on 9/15/2014. (trlee, )
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Magistrate Judge Boyd N. Boland
Civil Action No. 13-cv-03475-RM-BNB
WILEY LONG, and
PALEO DIET ENTERPRISES, LLC, a Colorado limited liability company,
LOREN CORDAIN, and
THE PALEO DIET, LLC, a Colorado limited liability company,
This matter arises on the following:
Plaintiffs’ Motion to Stay Or, In the Alternative, for an Extension of Time
[Doc. # 25, filed 8/12/2014] (the “Motion to Stay or Extend”);
Defendants’ Motion to Strike Untimely Expert [Doc. # 28, filed 8/22/2014]
(the “Motion to Strike Expert”); and
Plaintiffs’ Motion to File Reply [Doc. # 34, filed 9/14/2014] (the “Motion to
I held a hearing on the motions this afternoon and made rulings on the record, which are
IT IS ORDERED:
The Motion to Reply [Doc. # 34] is GRANTED. The Clerk of the Court is
directed to accept for filing the Reply [Doc. # 34-1.
The Motion to Stay or Extend [Doc. # 25] is DENIED.
The Motion to Strike Expert [Doc. # 28] is DENIED. In order to cure any
prejudice resulting from surprise based on the late designation of the plaintiffs’ expert, the case
schedule is modified to the following extent:
Fact discovery is extended to and including October 10, 2014, solely to
allow the defendants to depose Mr. Long after they receive responses to written discovery
The defendants shall designate all rebuttal experts and provide opposing
counsel with all information specified in Fed. R. Civ. P. 26(a)(2) on or before October 29, 2014;
Expert discovery is extended to and including November 28, 2014.
Dated September 15, 2014.
BY THE COURT:
s/ Boyd N. Boland
United States Magistrate Judge
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