Long et al v. Cordain et al

Filing 37

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, )

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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, Plaintiffs, v. LOREN CORDAIN, and THE PALEO DIET, LLC, a Colorado limited liability company, Defendants. ______________________________________________________________________________ ORDER ______________________________________________________________________________ This matter arises on the following: (1) 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”); (2) Defendants’ Motion to Strike Untimely Expert [Doc. # 28, filed 8/22/2014] (the “Motion to Strike Expert”); and (3) Plaintiffs’ Motion to File Reply [Doc. # 34, filed 9/14/2014] (the “Motion to Reply”). I held a hearing on the motions this afternoon and made rulings on the record, which are incorporated here. IT IS ORDERED: (1) The Motion to Reply [Doc. # 34] is GRANTED. The Clerk of the Court is directed to accept for filing the Reply [Doc. # 34-1. (2) The Motion to Stay or Extend [Doc. # 25] is DENIED. (3) 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: (a) 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 previously served; (b) 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; and (c) 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 2

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