Free Motion Hearing - District Court of Colorado - Colorado

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

Document 152

Filed 11/01/2005

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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: November 1, 2005 LEPRINO FOODS COMPANY, Plaintiff, FTR - PAC COURTROOM A-501 Deputy Clerk: Ben Van Dyke Bret Matthew Heidemann Michael Gerard Bohn Patrick T. Markham Karen McTavish

v. BIG-D CONSTRUCTION CORP.-CALIFORNIA, a Utah corporation, BIG-D CONSTRUCTION CORP., a Utah corporation, and Does 1-100, inclusive, Defendants. John Mereness

COURTROOM MINUTES / MINUTE ORDER Motions Hearing 8:55 a.m. Court in session.

Court calls case. 8:57 a.m. Mr. Bohn presents argument in support of Plaintiff' Second Motion to Compel s Discovery from Defendants Big-D Construction Corp.-California and Big-D Construction Corp. -and - Certificate of Compliance with Fed.R.Civ.P. 37(a)(2)(A) and D.C.COLO.LCivR 7.1A dated October 14, 2005 (doc. 135).

Court questions Mr. Bohn regarding Plaintiff' Second Motion to Compel Discovery from s Defendants Big-D Construction Corp.-California and Big-D Construction Corp. -and Certificate of Compliance with Fed.R.Civ.P. 37(a)(2)(A) and D.C.COLO.LCivR 7.1A dated October 14, 2005 (doc. 135). 9:30 a.m. Mr. Mereness presents responsive argument to Plaintiff' Second Motion to s Compel Discovery from Defendants Big-D Construction Corp.-California and Big-D Construction Corp. -and - Certificate of Compliance with Fed.R.Civ.P. 37(a)(2)(A) and D.C.COLO.LCivR 7.1A dated October 14, 2005 (doc. 135).

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

Document 152

Filed 11/01/2005

Page 2 of 2

Civil Action No. 03-cv-02669-MSK-PAC Date: November 1, 2005

Court questions Mr. Mereness regarding Defendants' response to Plaintiff' Second Motion to s Compel Discovery from Defendants Big-D Construction Corp.-California and Big-D Construction Corp. -and - Certificate of Compliance with Fed.R.Civ.P. 37(a)(2)(A) and D.C.COLO.LCivR 7.1A dated October 14, 2005 (doc. 135). 9:46 a.m. ORDERED: Mr. Markham presents rebuttal argument on the motion. Stipulation and Motion to Withdraw Third Party Defendant' University s Marelich' Rule 37 Motion to Compel Plaintiff Leprino Foods Company' s s Responses to First Set of Interrogatories and to Provide Witness Designations Under Rule 30(b)(6) (doc. 136) dated October 26, 2005 (doc. 146) is Granted. Third Party Defendant' University Marelich' Rule 37 Motion to Compel s s Plaintiff Leprino Foods Company' Responses to First Set of s Interrogatories and to Provide Witness Designations Under Rule 30(b)(6) dated October 14, 2005 (doc. 136) is Denied without prejudice as moot. Plaintiff' Second Motion to Compel Discovery from Defendants Big-D s Construction Corp.-California and Big-D Construction Corp. -and Certificate of Compliance with Fed.R.Civ.P. 37(a)(2)(A) and D.C.COLO.LCivR 7.1A dated October 14, 2005 (doc. 135) is Denied for the reasons set forth on the record. Defendants will however supplement their answers to Requests for Production #9, #10, and #11 with a statement saying that all documents have been produced. Plaintiff' request for sanctions is denied, because the Defendants' s position was substantially justified. Defendants'request for sanctions and costs is Denied. Proposed amended scheduling order will be filed with the Court and emailed to chambers by November 2, 2005. Court in recess. 1 hour 15 minutes.

ORDERED:

ORDERED:

ORDERED:

ORDERED: ORDERED:

10:10 a.m.

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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