Opinion
Civil Action No. 11-cv-01775-REB-BNB
11-30-2011
MOTHERLOVE HERBAL COMPANY, a Colorado corporation, Plaintiff, v. MY MAMA'S LOVE, LLC, a Washington corporation, Defendant.
Magistrate Judge Boyd N. Boland
ORDER
Plaintiff's counsel appeared this morning for a scheduling conference pursuant to my minute order [Doc. # 12, filed 11/9/2011]. I had on two previous occasions postponed the scheduling conference on the plaintiff's motions. Minute Order [Doc. # 8, filed 9/9/2011] and Minute Order [Doc. # 12, filed 11/9/2011].
The action was commenced on July 6, 2011, by the filing of a complaint. The practice standards of the assigned district judge state that "[w]henever practicable, the case shall be set for trial within twelve (12) to fourteen (14) months from the filing of the complaint." REB Civ. Practice Standard IV.B.1. In this case, application of the practice standard mandates a trial commencing not later than September 3, 2012.
Trials in this court ordinarily begin on Mondays. September 3, 2012, is the Monday preceeding September 6, 2012.
A Waiver of Service [Doc. # 16] was filed on November 28, 2011. The Waiver states that it was sent on November 9, 2011. Pursuant to Fed. R. Civ. P. 4(d)(3), the defendant "need not serve an answer to the complaint until 60 days after the request was sent," or January 9, 2012. Consequently, the trial of the case will commence, at the latest, eight months after the defendant first files its response to the complaint.
Sixty days after November 9, 2011, is Sunday, January 8, 2012. The response is due on the next business day thereafter.
I anticipate that the case schedule, which I will set at a scheduling conference to be held as soon as possible, will be as follows:
Discovery Cut-Off: June 29, 2012
(All discovery must be completed by the discovery cut-off. All written discovery must be served so that responses are due on or before the discovery cut-off.)
Dispositive Motions Deadline: June 29, 2012
Expert Disclosures:
(a) The parties shall designate all experts and provide opposing counsel with all information specified in Fed. R. Civ. P. 26(a)(2) on or before April 27, 2012Final Pretrial Conference: Late July 2012.
(b) The parties shall designate all rebuttal experts and provide opposing counsel with all information specified in Fed. R. Civ. P. 26(a)(2) on or before May 28, 2012
IT IS ORDERED:
(1) A scheduling conference is set for December 16, 2011, at 8:30 a.m., in Courtroom 401, 4th floor, Alfred A. Arraj United States Courthouse, 901 19th Street, Denver, Colorado.
(2) The parties shall prepare a proposed scheduling order and submit it to the court no later than December 9, 2011. The proposed schedule shall generally conform to the schedule anticipated above.
BY THE COURT:
Boyd N. Boland
United States Magistrate Judge