Free Motion Hearing - District Court of Colorado - Colorado

Case 1:03-cv-02504-REB-CBS

Document 54

Filed 07/12/2005

Page 1 of 2

IN THE UNITED S TATES DIS TRICT COURT FOR THE DIS TRICT OF COLORADO Magistrate Judge Craig B. S haffer Civil Action No.: 03-cv-02504-REB-CBS Date: July 12, 2005 FTR - Reporter Deck, Crtrm A402 Courtroom Deputy, Ellen E. Miller

PETER HORNICK, Plaintiff / Counter Defendant(s), v. GARY BOYCE and JOANNE BOYCE Defendant / Counter Claimants(s).

Robert J. Bruce

John G. Lubitz Robert T. Hoban

COURTROOM MINUTES HEARING: MOTIONS HEARING Court in S ession: 1:50 p.m. Court calls case. Appearance of counsel. The time set for this hearing is 2:00 p.m. As all counsel are present, the Court begins early. Discussion is held regarding Defendants'M otion for Leave to conduct limited discovery. M r. Lubitz estimates needing five hours for M r. Hornick' deposition and one hour for M r. Bruce' s s deposition. Serving the subpoenas for these depositions could be deemed functionally equivalent to a M otion to Disqualify . It is a possibility attorneys for each side may list each other as witnesses. The parties anticipate filing a motion to vacate the Bench Trial currently set August 29, 2005. The Final Pretrial Conference remains set JULY 18, 2005 at 10:00 a.m. M r. Lubitz makes an Oral M otion to Withdraw the Defendants'M otion for Leave. With no objection from M r. Bruce, It is ORDERED: M r. Lubitz' ORAL M OTION TO WITHDRAW Defendant s ' s M otion for Leave to Conduct Limited Discovery... is GRANTED, and D efendants' M OTION FOR LEAVE TO CONDUCT LIM IT ED

Case 1:03-cv-02504-REB-CBS

Document 54

Filed 07/12/2005

Page 2 of 2

DISCOVERY BEYOND THE DISCOVERY CUTOFF DEADLINE (docket No. 50, Filed June 15, 2005) is WITHDRAWN without Prejudice. HEARING CONCLUDES. Court in recess: 2:27 p.m. Total In-Court Time: 00:37