St. Paul Fire and Marine Insurance Company et al v. Sedona Contracting, Inc. et al

Filing 68

ORDER granting in part and denying in part 57 Motion to Continue Plaintiff's Response to Defendant's summary judgment motion. Plaintiff St. Paul Fire and Marine Insurance Company shall complete limited discovery by Friday, November 6, 202 0. Plaintiff St. Paul Fire and Marine Insurance Company's response to Defendant Sedona Contracting, Inc.'s motion for summary judgment is due by Tuesday, November 20, 2020. Defendant Sedona Contracting, Inc. may file a reply to its motion for summary judgment by December 3, 2020. (crc)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW MEXICO
ST. PAUL FIRE AND MARINE
INSURANCE CO., et al.,
Plaintiffs,
v.

CV No. 20-79 WJ/CG

SEDONA CONTRACTING, INC., et al.,
Defendants,
__________________________
MOSAIC POTASH CARLSBAD, INC.,
Third-Party Plaintiff,
v.
ROCKCLIFF OPERATING NEW MEXICO, LLC.
Third-Party Defendant,
__________________________
MOSAIC POTASH CARLSBAD, INC.,
Cross-Claimant,
v.
SEDONA CONTRACTING, INC.,
Cross-Defendant.
ORDER GRANTING IN PART AND DENYING IN PART
PLAINTIFF’S RULE 56(d) MOTION
THIS MATTER is before the Court on Plaintiff St. Paul Fire and Marine Insurance
Company’s Motion Pursuant to Federal Rule 56(d) to Stay Response to Sedona’s Motion
for Summary Judgment, (the "Motion"), (Doc. 57), filed September 11, 2020; Defendant
Sedona’s Response to Plaintiff’s Motion Pursuant to Federal Rule 56(d) to Stay Response
to Sedona’s Motion for Summary Judgment (the “Response”), (Doc. 59), filed September
25, 2020; and Plaintiff St. Paul Fire and Marine Insurance Company’s Reply in Support of
Plaintiff’s Motion Pursuant to Federal Rule 56(d) to Stay Response to Sedona’s Motion for
Summary Judgment, or Deny Sedona’s Motion for Summary Judgment (the “Reply”), (Doc.
62), filed October 8, 2020. The Court, having considered the Motion, the briefing of the

parties, and the remarks of counsel at a telephonic hearing held on October 15, 2020,
finds that the Motion shall be GRANTED IN PART and DENIED IN PART.
IT IS THEREFORE ORDERED that Plaintiff St. Paul Fire and Marine Insurance
Company’s Motion Pursuant to Federal Rule 56(d) to Stay Response to Sedona’s Motion
for Summary Judgment, (Doc. 57), is GRANTED IN PART and DENIED IN PART as
follows:
1. Plaintiff St. Paul Fire and Marine Insurance Company’s request for limited
discovery pursuant to Fed. R. Civ. P. 56(d) is GRANTED;
2. Plaintiff St. Paul Fire and Marine Insurance Company’s request to depose
witnesses Javier Nolasco, Sarah Gonzales, Scott Goodale, Steven Daugherty,
and John Anderson is MOOT based on the parties’ representations at the
October 15, 2020 hearing that these witnesses have been deposed;
3. Plaintiff St. Paul Fire and Marine Insurance Company’s request to depose each
of the four remaining witnesses Manny Guardiola, Raul Barragan, Javier Aguilar,
and Catherine Sloan is DENIED. Plaintiff may depose only two of these four
witnesses. Plaintiff shall depose these two individuals by Friday, November 6,
2020.
IT IS FURTHER ORDERED that Plaintiff St. Paul Fire and Marine Insurance
Company’s response to Defendant Sedona Enterprises, Inc. Motion for Summary
Judgment Against Plaintiff on Count 1 (Negligence) and Based on Lack of Subject Matter
Jurisdiction, (Doc. 49), is due by Tuesday, November 20, 2020. Defendant Sedona
Contracting, Inc. may file a reply to their motion for summary judgment by December 3,
2020.

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IT IS SO ORDERED.
.

THE HONORABLE CARMEN E. GARZA
CHIEF UNITED STATES MAGISTRATE JUDGE

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