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Boyer v. U.S. Foodservice

February 21, 2006

PAMELA BOYER, PERSONAL REPRESENTATIVE OF THE ESTATE OF MICHAEL BOYER, DECEASED, PLAINTIFF,
v.
U.S. FOODSERVICE, INC., DEFENDANT.



The opinion of the court was delivered by: Magistrate Judge Boyd N. Boland

ORDER

This matter is before me on the following motions:

(1) Plaintiff's Motion to Amend Scheduling Order and Motion for Leave to Amend Verified Complaint and Jury Demand [Doc. # 30, filed 1/31/06] (the "Motion to Amend"); and

(2) Defendant U.S. Foodservice, Inc.'s Motion for Extension of Time to File Dispositive Motions [Doc. # 36, filed 2/10/06] (the "Motion re Schedule").

I held a hearing on these motions this morning 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 Motion to Amend is GRANTED. The Clerk of the Court is directed to accept as filed the Verified Amended Complaint Jury Demand [Doc. # 32, submitted 1/31/06]. The defendant shall respond to the amended complaint within 10 days.

IT IS FURTHER ORDERED that the Motion re Schedule is GRANTED. The parties shall confer and submit a revised proposed schedule on or before February 28, 2006.

IT IS FURTHER ORDERED that Defendant U.S. Foodservice's Motion to Dismiss Plaintiff's Complaint Pursuant to Fed. R. Civ. P. 12(b)(6) [Doc. # 11, filed 9/30/05] is DENIED as withdrawn. The plaintiff agrees that the state law claims asserted in its original complaint are dismissed with prejudice.

IT IS FURTHER ORDERED that the defendant shall respond to the Plaintiff's Motion to Compel Production [Doc. # 43, filed 2/16/06] (the "Motion to Compel") on or before February 28, 2006. A hearing on the Motion to Compel is set for March 8, 2006, at 8:30 a.m., in Courtroom 401, 4th floor, Alfred A. Arraj United States Courthouse, 901 19th Street, Denver, Colorado.

Boyd N. Boland United States Magistrate Judge

20060221

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