ANDERSON v. MERIT ENERGY COMPANY (D.Colo. 1-26-2009)

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BERNARD HAROLD ANDERSON, and JOYCE Y. ANDERSON, individually and as representative plaintiffs on behalf of all others similarly situated, Plaintiffs, v. MERIT ENERGY COMPANY, a Delaware corporation, Defendant. NILES MILLER, RAYMOND SALLY MILLER, RICAHRD PETERSON, TED AMSBAUGH, WILBERT WIEDMAN, PAUL HUNGENBERG, BUDDY BAKER, ROBERT L.ARMANTROUT, and THOMAS SCHEIRMAN, on behalf of themselves and others similarly situated, Plaintiffs, v. MERIT ENERGY COMPANY, Defendant.

Civil Action No. 07-cv-00916-LTB-BNB, (Consolidated with 07-cv-01025-REB-MJW).United States District Court, D. Colorado.
January 26, 2009

ORDER
BOYD BOLAND, Magistrate Judge

This matter arises on Plaintiffs’ Motion to Compel Third PartyWitness Thomas O’Connor to Appear for His Scheduled Deposition onJanuary 20, 2009 [Doc. # 103, filed 1/9/2009] (the “Motion to Compel”). I held a hearing on the Motion to Compel and made

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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 Compel is DENIED.

IT IS FURTHER ORDERED that the plaintiffs may conduct a Rule 30(b)(6) deposition of DCP Midstream LLC to inquire about the report titled “DCP Midstream . . . A Consistent Success Story” [Doc. # 103-4] and its contents. DCP’s Rule 30(b)(6) deponent shall be made available for questioning in Denver, Colorado, at a date and time as the parties may agree, but not later thanFebruary 13, 2009.

IT IS FURTHER ORDERED that the discovery cut-off is extended to and including February 13, 2009.