Free Order on Motion to Compel - District Court of Colorado - Colorado

Case 1:00-cv-01864-REB-BNB

Document 176

Filed 09/07/2005

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Magistrate Judge Boyd N. Boland

Civil Action No. 00-cv-01864-REB-BNB (Consolidated with 00-cv-1908-REB-BNB, 00-cv-1910-REB-BNB, 00-cv-1919-REB-BNB, 00-cv-1945-REB-BNB, 00-cv-1957-REB-BNB, 00-cv-1963-REB-BNB, 00-cv-1996-REB-BNB, 00-cv-2040-REB-BNB, 00-cv-2074-REB-BNB, 00-cv-2149-REB-BNB, 00-cv-2243-REB-BNB, and 00-cv-2316-REB-BNB) In re: ICG COMMUNICATIONS, IN., SECURITIES LITIGATION ______________________________________________________________________________ ORDER ______________________________________________________________________________ This matter is before me on the following motions: Defendants'Motion to Compel Discovery Pursuant to Fed. R. Civ. P. Rule 37(a) (the " Motion to Compel" filed August 10, 2005; and ), Defendants'Motion to Submit a Reply In Further Support of Their Motion to Compel Discovery Pursuant to Fed. R. Civ. P. Rule 37(a) (the " Motion to File Reply" filed ), September 2, 2005. I held a hearing on the motions yesterday 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 Compel is GRANTED IN PART and DENIED IN PART. The Motion to Compel is GRANTED as follows: (1) With respect to Instruction 16, the plaintiffs shall produce all documents in their

possession, custody, and control. The documents in the possession of the plaintiff' investment s advisors, which the plaintiffs have no right to obtain, are not in the plaintiffs'possession, custody, or control, however; and

Case 1:00-cv-01864-REB-BNB

Document 176

Filed 09/07/2005

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(2)

With respect to Interrogatory 2, the plaintiffs shall " [i]dentify the ` over 20 former

ICG employees and customers'who were ` contacte[d] and interview[ed]'as part of the ` investigation'described in paragraphs 2 and 38 of the Amended Complaint." IT IS FURTHER ORDERED that the Motion to Compel is DENIED in all other respects. IT IS FURTHER ORDERED that the plaintiffs shall make supplemental discovery responses consistent with this order on or before September 21, 2005. IT IS FURTHER ORDERED that the Motion to File Reply is GRANTED. Dated September 7, 2005. BY THE COURT: /s/ Boyd N. Boland United States Magistrate Judge

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