Opinion
Civil Action No. 04-cv-01317-WDM-BNB.
September 27, 2005
ORDER
This matter is before me on the following motions:
(1) Motion for Umbrella Protective Order (the "First Motion for Protective Order"), filed August 16, 2005;
(2) Motion for Umbrella Protective Order re Defendant Johnson (the "Second Motion for Protective Order"), filed August 16, 2005;
(3) Motion for an Order to Compel Discovery and for an Extension of Time to Allow Discovery (the "Motion to Compel"), filed September 7, 2005; and
(4) Motion for an Order to Show Cause as to Why Henry Sand and All Defendants Should Not Be Held In Contempt of Court for Engaging In a Pattern of Deception to Avoid Discovery (the "Motion for Contempt"), filed September 7, 2005.
I held a hearing on the motions this afternoon and made rulings on the record, which are incorporated here. In summary and for the reasons stated on the record:
IT IS ORDERED that the First Motion for Protective Order is DENIED
IT IS FURTHER ORDERED that the Second Motion for Protective Order is DENIED.
IT IS FURTHER ORDERED that the Motion to Compel is GRANTED IN PART and DENIED IN PART. The Motion to Compel is GRANTED to require the defendants to respond to the plaintiff's discovery on or before October 27, 2005. The defendants may assert objections, as appropriate, however. The Motion to Compel also is GRANTED to extend the discovery cut-off and other pretrial deadlines as follows:
Discovery Cut-Off: January 31, 2006
Dispositive Motions Deadline: February 28, 2006
(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.)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 November 15, 2005
(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 December 23, 2005Final Pretrial Conference: May 22, 2006, at 9:30 a.m., May 15, 2006.
The Motion to Compel is DENIED in all other respects.
IT IS FURTHER ORDERED that the Motion for Contempt is DENIED.
IT IS FURTHER ORDERED that a settlement conference is set for October 25, 2005, at 3:00 p.m., in Courtroom 401, 4th floor, Alfred A. Arraj United States Courthouse, 901 19th Street, Denver, Colorado. Pro se parties, attorneys, and client representatives with full authority to settle the case must be present at the conference in person. (NOTE: This requirement is not fulfilled by the presence of counsel only. If an insurance company is involved, an adjustor authorized to enter into settlement must also be present.) Each party shall submit an updated confidential settlement statement to my chambers on or before October 18, 2005, outlining the facts and issues in the case and containing a specific offer of compromise, including a dollar amount the party will accept or pay in settlement and any other essential terms of a settlement.