Slawson Exploration Company, Inc. v. Arch Specialty Insurance Company

Filing 105

MINUTE ORDER by Magistrate Judge Kristen L. Mix on 4/26/16. Stipulated Motion to Amend Scheduling Order to Extend Discovery Deadlines # 104 is DENIED without prejudice. Status Report due by 5/2/2016. (lgale, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 15-cv-01131-KLM
SLAWSON EXPLORATION COMPANY, INC.,
Plaintiff,
v.
ARCH SPECIALTY INSURANCE COMPANY, a Nebraska corporation,
Defendant.
_____________________________________________________________________
MINUTE ORDER
_____________________________________________________________________
ENTERED BY MAGISTRATE JUDGE KRISTEN L. MIX
This matter is before the Court on the parties’ Stipulated Motion to Amend
Scheduling Order to Extend Discovery Deadlines [#104]. The parties request an
extension of 60 days for several deadlines in the Scheduling Order [#44].1 In support, the
parties contend that because the deadlines for choice of law motions and motions
regarding exhaustion of underlying policies (collectively, “Threshold Motions”) were
extended previously, this impacts the parties’ ability to conduct the discovery that may
remain after the Court has ruled on the Threshold Motions. More specifically, the parties
state that under the current Scheduling Order, they “do not have adequate time within
which to wait for a ruling [on the Threshold Motions] to commence [subsequent discovery].”
[#104] at 3.
The Court notes that extensions of deadlines and motions to amend the Scheduling
Order [#44] have been previously granted in this case no less than eight times. See Minute
Orders [##33, 40, 47, 49, 52, 54, 78, 97]. Thus, although the delay in ruling on the
Threshold Motions has compressed the schedule outlined in the Scheduling Order, so have
the parties’ multiple requests for extension of time. In addition, the parties indicate that
they have scheduled mediation for April 26, 2016, “which, if successful, will obviate the
need for further discovery.” Id. at 4.
IT IS HEREBY ORDERED that the Motion [#104] is DENIED without prejudice.

1

These deadlines are: discovery cut-off; affirmative expert disclosures; rebuttal expert
disclosures; service of interrogatories, and requests for production and/or admissions. Motion
[#104] at 5-6.

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IT IS FURTHER ORDERED as follows:
(1)

The following deadlines in the Scheduling Order are suspended immediately,
pending further order of the Court: discovery cut-off, affirmative expert
disclosure deadline, rebuttal expert disclosure deadline; and deadline to
serve written discovery.

(2)

The parties shall file a joint Status Report regarding their mediation efforts on
or before May 2, 2016. In the joint Status Report, the parties shall state: (a)
whether the case has settled; (b) if the case has settled, when dismissal
papers will be filed; and (c) if the case has not settled, how much time the
parties need to complete discovery and disclose experts after a ruling on the
Threshold Motions.

Dated: April 26, 2016

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