Humphrey et al v. Escalera Resources Co

Filing 28

MINUTE ORDER GRANTING JOINT MOTION TO MODIFY SCHEDULING ORDER 23 by Magistrate Judge Nina Y. Wang on 1/22/16. Plaintiff shall supplement damages by 3/16/2016. Discovery due by 4/29/2016. Dispositive Motions due by 5/30/2016. A Final Pretrial Order is due 7/22/2016, and a courtesy copy in Word format should be submitted directly to [e-mail]. Final Pretrial Conference set for 7/29/2016 09:30 AM in Courtroom C204 before Magistrate Judge Nina Y. Wang. (bsimm, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 15-cv-00769-RM-NYW
ALAN EUGENE HUMPHREY, and
WYOMING GTL, LLC, a Wyoming Limited Liability Company,
Plaintiffs,
v.
ESCALERA RESOURCES CO., a Maryland Corporation, and
DOES 1-10, inclusive,
Defendants.
MINUTE ORDER GRANTING
JOINT MOTION TO MODIFY SCHEDULING ORDER
Entered by Magistrate Judge Nina Y. Wang
This matter comes before the court on the parties’ Joint Motion to Modify Scheduling
Order (the “Motion”). [#23, filed Jan 20, 2016]. The Motion is before this Magistrate Judge
pursuant to the Order Referring Case dated April 14, 2015 [#4] and the Memorandum dated
January 21, 2016 [#27].
The parties represent that they request a modification of the Scheduling Order entered on
July 27, 2015 in order to allow them additional time to complete discovery in this matter. [#23
at 1]. The original Scheduling Order contemplated approximately five months for discovery, and
then another month for the filing of dispositive motions. [#17 at 7]. Discovery was then stayed
on November 5, 2015 when Defendant filed for bankruptcy protection in this district. [#23 at 1];
see also In re: Escalera Resources Co., Case No. 15-22395-TBM. Plaintiffs filed a motion to lift
the stay, which was granted by the bankruptcy court on December 10, 2015, allowing this case to
proceed. [#23 at 1]; [#23-1].
The parties represent that as of the date of the bankruptcy filing, both parties had served
comprehensive written discovery requests on each other. [#23 at 2]. After the stay was lifted, the
parties represent that their counsel are coordinating new deadlines for the responses to those
discovery requests and intend to take a number of depositions listed in their proposed amended
scheduling order. [#23 at 2]; [#23-2 at 9]. The parties represent that in light of the stay of
discovery, they require additional time to complete discovery. [#23 at 2].

Having considered the parties’ arguments, the court finds that good cause exists for the
proposed amendments to the Scheduling Order. Accordingly, the Scheduling Order is amended
as follows. Unless modified by this Order, all other deadlines and instructions in the Scheduling
Order [#17] remain in effect.
1. Plaintiff will supplement its damages calculations no later than March 16, 2016.
2. The deadline for joinder of parties and amendment of pleadings, September 10, 2015,
has passed. Therefore, the Parties must comply with both Rule 16(b) and Rule 15 in
seeking any further extensions of such deadlines and leave to file an amended
pleading.
3. The discovery cut-off is April 29, 2016.
4. Dispositive motions shall be filed no later than May 30, 2016.
5. The parties shall designate all experts and provide opposing counsel and any pro se
parties with all information specified in Fed. R. Civ. P. 26(a)(2) on or before March
16, 2016.
6. The parties shall designate all rebuttal experts and provide opposing counsel and any
pro se parties with all information specified in Fed. R. Civ. P. 26(a)(2) on or before
April 18, 2016.
7. A Final Pretrial Conference will be held in this case on July 29, 2016 at 9:30 a.m. A
Final Pretrial Order is due no later than seven (7) days prior to the Conference, and a
courtesy copy in Word formal should be submitted directly to Magistrate Judge
Wang’s chambers at [e-mail].

DATED: January 22, 2016