Everhart v. American Family Mutual Insurance Company

Filing 66

ORDER by Magistrate Judge Boyd N. Boland on 1/5/15. Motion to Compel Production of Documents 41 is GRANTED. Defendant's Motion to Protective Order Re 30(b)(6) Deposition 43 is GRANTED, except with respect to Topic 17. The Motion to Compel At lantis 44 is DENIED. The Motion to Compel Power Adjusters 45 is GRANTED. The Motion for Extension 48 is GRANTED. The Plaintiff's Motion to Compel 50 is DENIED. The Motion to Strike and Return 54 is DENIED. The Motion to Compel King Deposition 55 is DENIED as moot. (bsimm, )

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)

Defendant’s Motion to Compel Production of Documents [Doc. # 41,

filed11/5/2014] (the “Defendant’s First Motion to Compel”);
(2)

Defendant’s Motion to Protective Order Re 30(b)(6) Deposition [Doc. # 43,

filed 11/0/2014] (the “Motion for Protective Order”);
(3)

Defendant’s Motion to Compel Atlantis [Doc. # 44, filed 11/12/2014] (the

“Motion to Compel Atlantis”);
(4)

Defendant’s Motion to Compel Power Adjusters [Doc. # 45, filed 11/12/2014]

(the “Motion to Compel Power Adjusters”);
(5)

Plaintiff’s Motion for Extension of Time to Answer Requests for Production

[Doc. # 48, filed 11/26/2014] (the “Motion for Extension”);
(6)

Plaintiff’s Amended Motion to Compel Production [Doc. # 50, filed 12/4/2014]

(the “Plaintiff’s Motion to Compel”);

(7)

Plaintiff’s Motion to Strike and Return Privileged Documents Inadvertently

Disclosed [Doc. # 54, filed 12/11/2014] (the “Motion to Strike and Return”); and
(8)

Plaintiff’s Motion to Compel Deposition of King [Doc. # 55, filed 12/11/2014]

(the “Motion to Compel King Deposition”).
In view of my rulings on these motions, the plaintiff also sought an amendment to the
case schedule.
I held a hearing on the motions today and made rulings on the record, which are
incorporated here.
IT IS ORDERED:
(1)

Defendant’s First Motion to Compel [Doc. # 41] is GRANTED. The plaintiff

shall produce all responsive documents on or before January 21, 2015.
(2)

The Motion for Protective Order [Doc. # 43] is GRANTED, except with respect

to Topic 17.
(3)

The Motion to Compel Atlantis [Doc. # 44] is DENIED. See Lim v. American

Economy Ins. Co., 2014 WL 1464400 (D. Colo. 2014) (holding that appraiser files are immune
from discovery under section 13-22-201(2), C.R.S.).
(4)

The Motion to Compel Power Adjusters [Doc. # 45] is GRANTED. Power

Adjusters shall comply with the commands of the subpoena served on it on or before January 21,
2015.
(5)

The Motion for Extension [Doc. # 48] is GRANTED.

(6)

The Plaintiff’s Motion to Compel [Doc. # 50] is DENIED.

(7)

The Motion to Strike and Return [Doc. # 54] is DENIED. The plaintiff has

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waived any privilege applicable to this document by voluntarily disclosing it to third parties.
(8)

The Motion to Compel King Deposition [Doc. # 55] is DENIED as moot. Ms.

King’s deposition shall occur on January 15, 2015, at the time and place as the parties have
agreed.
(9)

The case schedule is modified to the following extent:
Discovery Cut-Off:

May 1, 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 March 2, 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
April 2, 2015

Dated January 5, 2015.
BY THE COURT:
s/ Boyd N. Boland
United States Magistrate Judge

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