Sable Cove Condominium Association et al v. Owners Insurance Company

Filing 38

MINUTE ORDER denying 34 Motion to Amend Scheduling Order and to Extend Discovery Deadlines, by Magistrate Judge Michael J. Watanabe on 12/03/2014.(slibi, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 14-cv-00912-MJW
EDGE CONSTRUCTION, LLC,
Plaintiff,
v.
OWNERS INSURANCE COMPANY,
Defendant.
MINUTE ORDER
Entered by Magistrate Judge Michael J. Watanabe
It is hereby ORDERED that Plaintiff’s Motion to Amend Scheduling Order and to
Extend Discovery Deadlines (docket no. 34) is DENIED in its entirely for the following
reasons.
It is FURTHER ORDERED that each party shall pay their own attorney fees and
costs for this motion.
Pursuant to Fed. R. Civ. P. 6(b)(1)(B), where an extension is sought after the
deadline for taking a particular action, the court may only grant such extension where
“the party failed to act because of excusable neglect.” Here, Plaintiff has failed to
demonstrate excusable neglect. Furthermore, the subject motion (docket no. 34) is
untimely, noting that it was filed almost one month after the deadline to seek any
extension. Accordingly, the subject motion (docket no. 34) should be denied.
Date: December 3, 2014