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

Filing 77

COURTROOM MINUTES/MINUTE ORDER for Motion Hearing held on 3/18/2015 before Magistrate Judge Nina Y. Wang. Motion to Amend Complaint and Jury Demand 39 is GRANTED. Babcock & Wilcox Power Generation Group, Inc.'s Motion to Amend Scheduling Orde r 42 is GRANTED IN PART. Motion to Quash Defendant's Fed.R.Civ.P 30(b)(6) Notice of Deposition and for Protective Order 60 is TAKEN UNDER ADVISEMENT. Stipulated Joint Motion to Restrict Access 71 is GRANTED. Motion to Compel Further Responses to Discovery 35 is SUBMITTED and TAKEN UNDER ADVISEMENT. Status Report due by 3/23/2015. FTR: Courtroom C-205. (bsimm, )

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO MAGISTRATE JUDGE NINA Y. WANG Civil Action: Courtroom Deputy: 14-cv-00638-CMA-NYW Brandy Simmons Date: March 18, 2015 FTR: NYW COURTROOM C-205 Parties Counsel ARKANSAS RIVER POWER AUTHORITY, Scott Thomas Rodgers Craig Norris Johnson Plaintiff, Counter Defendant, v. BABCOCK & WILCOX POWER GENERATION GROUP, INC., John Michael Bowlin Thomas Clay Bell Defendant, Counter Claimant. COURTROOM MINUTES/MINUTE ORDER MOTION HEARING Court in Session: 1:39 p.m. Appearance of counsel. Mr. Rick Rigel appears for Plaintiff. Discussion held on Stipulated Joint Motion to Restrict Access [71] filed March 11, 2015. ORDERED: Stipulated Joint Motion to Restrict Access [71] is GRANTED. Exhibits 82, 112, 115 and 128 [docket numbers 39-3, 39-4, 39-6, 39-7] are restricted to Level 1 access. Argument held on the Motion to Amend Complaint and Jury Demand [39] filed on October 24, 2014. For the reasons stated on the record, it is ORDERED: Motion to Amend Complaint and Jury Demand [39] is GRANTED. The Clerk of the Court is directed to accept the First Amended Complaint and Jury Demand [39-1] for filing. Argument held on the Motion to Compel Further Responses to Discovery [35] filed on October 21, 2014. For the reasons stated on the record, it is ORDERED: Motion to Compel Further Responses to Discovery [35] is SUBMITTED and TAKEN UNDER ADVISEMENT. Argument held on the Motion to Quash Defendant’s Fed.R.Civ.P 30(b)(6) Notice of Deposition and for Protective Order [60] filed on January 30, 2015. For the reasons stated on the record, it is ORDERED: Motion to Quash Defendant’s Fed.R.Civ.P 30(b)(6) Notice of Deposition and for Protective Order [60] is TAKEN UNDER ADVISEMENT. Parties shall meet and confer to limit the items at issue. Separate order to issue. ORDERED: Parties shall file a joint status report on or before March 23, 2015, discussing what issues are agreed to with respect to the topics for a Rule 30(b)(6) deposition and what, if any, issues remain. The Parties are also directed to identify any issues with the two additional fact depositions that they seek to take. ORDERED: Babcock & Wilcox Power Generation Group, Inc.’s Motion to Amend Scheduling Order [42] is GRANTED IN PART. The discovery deadline, dispositive motion deadline, pretrial order deadline, and final pretrial conference are vacated and shall be reset after the status report is filed. Court in recess: 3:22 p.m. Hearing concluded. Total time in court: 01:43 * To obtain a transcript of this proceeding, please contact Avery Woods Reporting at (303) 825-6119.

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