Everhart v. American Family Mutual Insurance Company

Filing 39

ORDER The Motion to Withdraw Motion Doc. # 37 is GRANTED. The Motion to Compel PT&C Doc. # 23 is DENIED as withdrawn. The Motion to Compel Defendant Doc. # 18 is DENIED. The Motion to Compel Depositions Doc. # 19 is DENIED as moot. The Second Motion to Compel Doc. # 31 is GRANTED IN PART and DENIED IN PART. The defendant shall provide a supplemental discovery response and produce all responsive documents as required by this order on or before October 2, 2014. Discovery du e by 4/13/2015. Dispositive Motions due by 5/13/2015. Proposed Pretrial Order due by 7/7/2015. Final Pretrial Conference set for 7/14/2015 09:00 AM before Magistrate Judge Boyd N. Boland, by Magistrate Judge Boyd N. Boland on 9/2/2014. (evana, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Magistrate Judge Boyd N. Boland
Civil Action No. 14-cv-00694-WYD-BNB
RICHARD EVERHART,
Plaintiff,
v.
AMERICAN FAMILY MUTUAL INSURANCE COMPANY,
Defendant.
______________________________________________________________________________
ORDER
______________________________________________________________________________
This matter arises on the following:
(1)

Plaintiff’s Notice of Withdrawal of Motion to Compel Documents from

PT&C [Doc. # 37, filed 9/2/2014] (the “Motion to Withdraw Motion”);
(2)

Plaintiff’s Motion to Compel Production of Documents from PT&C [Doc. # 23,

filed 8/1/2014] (the “Motion to Compel PT&C”);
(3)

Plaintiff’s Motion to Compel Discovery [Doc. # 18, filed 7/30/2014] (the

“Motion to Compel Defendant”);
(4)

Plaintiff’s Second Motion to Compel Discovery [Doc. # 19, filed 7/30/2014]

(the “Motion to Compel Depositions”);
(5)

Plaintiff’s Second Motion to Compel Production of Documents [Doc. # 31,

filed 8/15/2014] (the “Second Motion to Compel”); and
(6)

Plaintiff’s Second Motion to Extend Deadlines [Doc. # 20, filed 7/30/2014] (the

“Motion to Extend”).

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 Withdraw Motion [Doc. # 37] is GRANTED.

(2)

The Motion to Compel PT&C [Doc. # 23] is DENIED as withdrawn.

(3)

The Motion to Compel Defendant [Doc. # 18] is DENIED.

(4)

The Motion to Compel Depositions [Doc. # 19] is DENIED as moot.

(5)

The Second Motion to Compel [Doc. # 31] is GRANTED IN PART and DENIED

IN PART as follows:
• GRANTED to require production of documents responsive to Requests for
Production 1(b) and 1(c);
• GRANTED with respect to Request for Production 2 to require production of
documents with the “Confidential” designation in a location other than on the text of the
document;
• GRANTED to require production of documents responsive to Request for
Production 3(d);
• GRANTED with respect to Request for Production 4 to require the defendant to
produce user manuals and instructional materials concerning Xactimate in the defendants
possession, custody, and control, whether provided by the vendor, created by the defendant, or
otherwise created; and
• DENIED in all other respects.

2

The defendant shall provide a supplemental discovery response and produce all
responsive documents as required by this order on or before October 2, 2014.
(6)

The Second Motion to Extend [Doc. # 20] is GRANTED, and the case schedule is

modified to the following extent:
Discovery Cut-Off:

April 13, 2015

Dispositive Motions Deadline:

May 13, 2015

Expert Disclosures:
(a)

The parties shall designate all experts and provide
opposing counsel with all information specified in
Fed. R. Civ. P. 26(a)(2) on or before February 13,
2015

(b)

The parties shall designate all rebuttal experts and
provide opposing counsel with all information
specified in Fed. R. Civ. P. 26(a)(2) on or before
March 13, 2015

Final Pretrial Conference: The final pretrial conference set for March 18, 2015, is
VACATED and RESET to July 14, 2015, at 9:00 a.m. A Final Pretrial Order shall be prepared
by the parties and submitted to the court no later than July 7, 2015.
Dated September 2, 2014.
BY THE COURT:
s/ Boyd N. Boland
United States Magistrate Judge

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