JDK LLC et al v. Hodge et al
ORDER denying 125 Motion to Amend/Correct/Modify. By Magistrate Judge Nina Y. Wang on 3/30/16. (nywlc1)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 15-cv-00494-PAB-NYW
JDK LLC, a Colorado limited liability company,
JERRY KOLASSA, and
S. MARK SPOONE,
PAUL A. TALBOT,
MAX 1 FINANCIAL LLC, a Colorado limited liability company, and
Entered by Magistrate Judge Nina Y. Wang
This civil action is before the court on Plaintiff S. Mark Spoone’s (“Plaintiff”) “Motion to
Amend Scheduling Order; to Compel Deposition of Paul A. Talbot” (the “Motion”). [#125, filed
March 28, 2016]. This matter was referred to this Magistrate Judge pursuant to 28 U.S.C. §
636(b)(1), the Order of Reference dated May 14, 2015 [#41], and the memorandum dated March
29, 2016 [#126].
On March 22, 2016, this court granted a joint motion to extend the discovery deadline to
March 28, 2016. See [#123]. The instant Motion asks the court to extend this deadline again for
the purpose of taking the deposition of Defendant Paul Talbot, whose deposition, scheduled for
March 23, 2016, was unilaterally canceled by Plaintiff’s counsel due to inclement weather. See
[#125]. Defendant Talbot opposes the Motion.
The Honorable Philip A. Brimmer, the presiding judge in this matter, requires that any
motion seeking an extension of time be filed no later than three days prior to the deadline at
issue. PAB Practice Standards I.G.2. The instant Motion was filed on the last day of discovery,
in contravention of Judge Brimmer’s Practice Standards. Furthermore, I do not find that Plaintiff
has stated good cause for the requested extension. See PAB Practice Standards I.G.1. Plaintiff
knew as of March 23 that re-scheduling Defendant Talbot’s deposition was the subject of a
dispute yet failed to contact the court to engage in any type of informal discovery dispute
process. Additionally, it is unclear from the Motion why counsel for Plaintiff was not prepared
to at least start Defendant Talbot’s deposition on March 24, when he was presumably prepared to
proceed with the entire deposition on March 23 but for the weather. Accordingly,
IT IS ORDERED that the Motion to Amend Scheduling Order; to Compel Deposition of
Paul A. Talbot [#125] is DENIED.
DATED: March 30, 2016
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