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, )

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

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