Arkansas River Power Authority v. Babcock &Wilcox Power Generation Group, Inc.

Filing 184

MINUTE ORDER by Magistrate Judge Nina Y. Wang on 01/27/16 GRANTING 181 Motion to Stay. The portion of the Order [#180] directing Plaintiff to produce Mr. Gendreaus December 2013 Draft Report no later than January 22, 2016 is STAYED; and all other portions of the Order REMAIN IN EFFECT.(nmarb, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 14-cv-00638-CMA-NYW
ARKANSAS RIVER POWER AUTHORITY,
Plaintiff,
v.
BABCOCK & WILCOX POWER GENERATION GROUP, INC.,
Defendant.

MINUTE ORDER
Entered By Magistrate Judge Nina Y. Wang
This matter is before the Court on Plaintiff’s Motion to Stay Production of Expert
Richard Gendreau’s December 2013 Draft Report Pending Resolution of ARPA’s Forthcoming
Fed. R. Civ. P. 72(a) Objection to Magistrate Wang’s Order on Pretrial Motions (“Motion to
Stay”). [#181, filed January 21, 2016]. The matter was referred to this Magistrate Judge
pursuant to the Order Referring Case dated May 13, 2014 [#19] and memorandum dated January
22, 2016 [#182].
On January 15, 2016, this court ruled on certain pending discovery motions and ordered
the production of a copy of Mr. Gendreau’s December 2013 Draft Report to Defendant no later
than January 22, 2016. See [#180]. Plaintiff indicates in the Motion to Stay its intention to file
an objection to the Order, and seeks a stay pursuant to D.C.COLO.LCivR 30.2 to avoid
disclosure of the December 2013 Draft Report pending the determination of the Honorable
Christine M. Arguello of the forthcoming objection. See [#181]. Plaintiff represented in the
Motion to Stay that counsel for Defendant had not yet stated whether they opposed the Motion;
however, during a telephone call between counsel for Parties and Chambers, Plaintiff’s counsel
stated that Defendant opposes the Motion to Stay.
Discovery has closed in this matter and, on December 11, 2015, the court denied the
Parties’ Motions for Partial Summary Judgment. See [#174]. Presiding Judge Arguello is
holding a status conference on February 3, 2016 to set a date on which trial in this matter will
commence. See [#178]. Given Plaintiff’s concern with respect to the disclosure of the
December 2013 Draft Report, this court concludes that it is appropriate to grant a stay as to the
disclosure of the Report until Judge Arguello has an opportunity to rule on the forthcoming
objection.

Accordingly, IT IS ORDERED:
(1) Plaintiff’s Motion to Stay Production of Expert Richard Gendreau’s December 2013
Draft Report Pending Resolution of ARPA’s Forthcoming Fed. R. Civ. P. 72(a)
Objection to Magistrate Wang’s Order on Pretrial Motions [#181] is GRANTED;
(2) The portion of the Order [#180] directing Plaintiff to produce Mr. Gendreau’s December
2013 Draft Report no later than January 22, 2016 is STAYED; and
(3) All other portions of the Order REMAIN IN EFFECT.

DATED: January 27, 2016