Free Motion Hearing - District Court of Colorado - Colorado

Case 1:03-cv-02669-MSK-PAC

Document 212

Filed 02/14/2006

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Magistrate Judge Patricia A. Coan Civil Action No. 03-cv-02669-MSK-PAC Date: February 14, 2006 LEPRINO FOODS COMPANY, Plaintiff, v. BIG-D CONSTRUCTION CORP. - CALIFORNIA, a Utah corporation, BIG-D CONSTRUCTION CORP., a Utah corporation, and Does 1-100, inclusive, Defendants/Third-Party Plaintiffs, v. MARELICH MECHANICAL CO., INC., d/b/a UNIVERSITY MARELICH MECHANICAL, a California corporation, Third-Party Defendant/Counterclaimant. Richard Carl Kaufman FTR - PAC COURTROOM A-501 Deputy Clerk: Ben Van Dyke Bret Matthew Heidemann

COURTROOM MINUTES / MINUTE ORDER Motions Hearing 8:57 a.m. Court in session.

Court calls case. Appearances of counsel. Court questions Mr. Heidemann regarding Plaintiff' Renewed Motion to Compel Against s EMCOR Group, Inc. - And - Certificate of Compliance with D.C.COLO.L.CivR 7.1A dated January 19, 2006 (doc. 186).

Case 1:03-cv-02669-MSK-PAC

Document 212

Filed 02/14/2006

Page 2 of 2

Civil Action No. 03-cv-02669-MSK-PAC Date: February 14, 2006 Court questions Mr. Kaufman regarding EMCOR' Response to Plaintiff' Renewed Motion to s s Compel Against Emcor Group, Inc. - And - Certificate of Compliance with D.C.COLO.L.CivR 7.1A dated January 19, 2006 (doc. 186). ORDERED: Plaintiff' Renewed Motion to Compel Against EMCOR Group, Inc. - And s Certificate of Compliance with D.C.COLO.L.CivR 7.1A dated January 19, 2006 (doc. 186) is Granted in part and Denied in part for the reasons stated on the record. EMCOR will produce all documents ordered, unless it claims a privilege in which case EMCOR will produce a privilege log outlining, with proper specificity, those documents withheld and identifying the privilege. EMCOR will produce all documents requested in Category Number 1 of the subpoena relating only to the Project and Contract. No further response is required to Category Number 2 of the subpoena. No further response is required to Category Number 3 of the subpoena. EMCOR will produce documents in Category Number 4 of the subpoena relating to EMCOR/UMM' compliance with Sarbanes-Oxley and the Project s and Contract only. EMCOR will produce all documents requested in Category Number 5 of the subpoena. No further response is required to Category Number 6 of the subpoena. EMCOR will produce all documents requested in Category Number 7 of the subpoena. See Subpoena Duces Tecum, Exhibit 3 to Plaintiff' Renewed Motion to s Compel Against EMCOR Group, Inc. - And - Certificate of Compliance with D.C.COLO.L.CivR 7.1A dated January 19, 2006 (doc. 186) ORDERED: Both Plaintiff' and EMCOR' requests for attorney fees and costs are s s Denied.

Counsel are reminded to use Judge Krieger' Pretrial Order format. s 9:39 a.m. Court in recess. 42 minutes.

Total time in court: Hearing concluded.

*To obtain a transcript of this proceeding, please contact Avery Woods Reporting at (303) 825-6119.

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