Free Order on Motion to Amend/Correct/Modify - District Court of Colorado - Colorado

Case 1:04-cv-01150-LTB-BNB

Document 42

Filed 08/08/2005

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Magistrate Judge Boyd N. Boland Civil Action No. 04-cv-01150-LTB-BNB BARBARA WALDRON, RICHARD SARRO, and ELIZABETH BROOKHART, Plaintiffs, v. DAVID D. STONG, individually and in his official capacity as Sheriff of the County of Alamosa, CHARLES J. KALBACHER, individually, and in his capacity as former Deputy District Attorney for the 12th Judicial District, EUGENE L. FARISH, individually, and in his capacity as former District Attorney for the 12th Judicial District, State of Colorado DISTRICT ATTORNEY, 12TH JUDICIAL DISTRICT, STATE OF COLORADO, ALAMOSA COUNTY SHERIFF' DEPARTMENT, a political subdivision of the State of S Colorado ALAMOSA COUNTY, a body corporate and politic, and ALAMOSA COUNTY BOARD OF COMMISSIONERS, a political subdivision of the State of Colorado, Defendants. ______________________________________________________________________________ ORDER ______________________________________________________________________________ This matter is before me on Defendants'Renewed Unopposed Motion to Amend Scheduling Order Re: Dispositive Motion Deadline (the " Renewed Motion" filed August 3, ), 2005. The Renewed Motion seeks an extension of the dispositive motion deadline to August 10, 2005. The Renewed Motion is DENIED. I denied without prejudice a similar motion filed on July 25, 2005, which sought to extend the dispositive motion deadline to August 19, 2005, finding that the extension would not allow sufficient time for a ruling before trial on a dispositive motion. Order, entered August 3,

Case 1:04-cv-01150-LTB-BNB

Document 42

Filed 08/08/2005

Page 2 of 2

2005. In denying the original motion, I stated that I was willing to consider a motion extending the dispositive motion deadline " when and if the parties first obtain a continuance of the October 31, 2005, trial date." Id. at p.2. The parties have neither requested nor obtained an continuance of the trial. A dispositive motion deadline of August 10, 2005, similarly would not allow sufficient time prior to trial for a ruling of a complex motion for summary judgment. IT IS ORDERED that the Renewed Motion is DENIED. I will consider extending the dispositive motion deadline only if the trial date is continued. Dated August 8, 2005. BY THE COURT: /s/ Boyd N. Boland United States Magistrate Judge

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