Wise Sports Nutrition, LLC v. Isatori, Inc. et al

Filing 54

ORDER by Magistrate Judge Boyd N. Boland on 1/6/15 re: Joint Motion to Vacate Scheduling Order and for New Scheduling Conference After Ruling on Motions 52 . The Motion to Vacate Schedule is GRANTED, and the deadlines established in the Sched uling Order 22 are VACATED. Within ten days after a ruling on the Motion for Stay 18 and/or the Motion for Partial Summary Judgment 15 , the parties shall file a status report notifying me of the ruling and discussing any additional pretrial matters they believe should be scheduled. (bsimm, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Magistrate Judge Boyd N. Boland
Civil Action No. 14-cv-00852-CMA-BNB
WISE SPORTS NUTRITION, LLC, a Colorado limited liability company,
Plaintiff,
v.
ISATORI, INC., a Delaware corporation, and
Defendants and Counterclaim Plaintiff,
v.
PAUL WISE,
Third-Party Defendant.
______________________________________________________________________________
ORDER
______________________________________________________________________________
This matter arises on the parties’ Joint Motion to Vacate Scheduling Order and for
New Scheduling Conference After Ruling on Motions [Doc. # 52, filed 1/2/2015] (the
“Motion to Vacate Schedule”).
The action was commenced on March 24, 2014, by the filing of a complaint. [Doc. # 1].
An answer and counterclaim was filed on May 7, 2014. [Doc. # 11]. On June 30, 2014, the
defendant filed a Motion for Partial Summary Judgment [Doc. # 15], and on July 3, 2014, the
plaintiff filed a Motion for Stay of Discovery and Deadlines or Bifurcation. [Doc. # 18]. On July
8, 2014, I held a scheduling conference and entered a Scheduling Order. [Doc. # 22]. Among
other things, the Scheduling Order required the disclosure of experts by January 2, 2015;
disclosure of rebuttal experts by February 16, 2015; set a discovery cut-off of March 9, 2015;

established a dispositive motion deadline of April 9, 2015; and set a final pretrial conference on
June 4, 2015.
The Motion for Stay [Doc. # 18] is pending.
The parties now seek to vacate the existing schedule and to set a new scheduling
conference to occur after a ruling on the Motion for Stay [Doc. # 18] and Motion for Partial
Summary Judgment [Doc. # 15]. In support, the parties note that “[p]ursuant to Local Civil Rule
30.2(a), discovery in this case has been stayed pending the ruling on iSatori’s motion to stay
discovery.” Motion to Vacate Schedule [Doc. # 52] at ¶5.
Good cause having been shown, IT IS ORDERED:
(1)

The Motion to Vacate Schedule [Doc. # 52] is GRANTED, and the deadlines

established in the Scheduling Order [Doc. # 22] are VACATED.
(2)

Within ten days after a ruling on the Motion for Stay [Doc. # 18] and/or the

Motion for Partial Summary Judgment [Doc. # 15], the parties shall file a status report notifying
me of the ruling and discussing any additional pretrial matters they believe should be scheduled.
Dated January 6, 2015.
BY THE COURT:
s/ Boyd N. Boland
United States Magistrate Judge

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