Zinna et al v. Jefferson County et al

Filing 297

Minute Entry - Courtroom Minutes for Motion Hearing held on 11/23/2009 before Judge Richard P. Matsch. ORDERED: Plaintiff's Motion to Compel Production of Email Messages Subject to Subpoena, filed November 10, 2009, 290 is DENIED. The Court w ill not rule on Plaintiff's Motion for Leave to Amend Witness List, filed November 22, 2009, 296 until Michael Murphy's deposition is completed. Michael Murphy shall be made available for deposition on 11/24/2009 at 9:00 a.m. (Court Reporter FTR - K. Terasaki) (mehcd)

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Senior District Judge Richard P. Matsch Date: November 23, 2009 Courtroom Deputy: Cathy Coomes FTR Technician: Kathy Terasaki ____________________________________________________________________________ Civil Action No. 05-cv-01016-RPM MICHAEL L. ZINNA, Plaintiff, v. JAMES CONGROVE, Defendant. Patrick D. Tooley Kevin M. Coates Thomas J. Lyons Adam M. Platt ____________________________________________________________________________ COURTROOM MINUTES ____________________________________________________________________________ Hearing on Motion to Compel 10:57 a.m. Court in session. Court calls case. Appearances of counsel. Plaintiff is present. Court's preliminary remarks regarding Plaintiff's Motion to Compel Production of Email Messages Subject to Subpoena [doc. #290]. 10:59 a.m. 11:09 a.m. Questions of Mr. Lyons by the Court. Argument by Mr. Lyons. Argument by Mr. Platt. Questions by the Court. The Court reviews in camera the e-mails tendered by Mr. Lyons under the claim of attorneyclient privilege. 11:20 a.m. ORDERED: 11:24 am. Discussion with Mr. Lyons regarding the Privilege Log. The Court agrees with the claim of privilege. Plaintiff's Motion to Compel Production of Email Messages Subject to Subpoena [doc. #290] is DENIED. The Court's preliminary remarks regarding Plaintiff's Motion for Leave to Amend Witness List [doc. #296]. Argument by Mr. Tooley. Questions by the Court. Case No. 05-cv-01016-RPM Page 2 11:28 a.m. ORDERED: Argument by Mr. Platt. Questions by the Court. Statements by Plaintiff. Michael Murphy shall be made available for deposition on November 24, 2009, at 9:00 a.m. During the deposition, Mr. Tooley is directed to explore the reason for Mr. Murphy's absence. The Court will not rule on Plaintiff's Motion for Leave to Amend Witness List until Mr. Murphy's deposition is completed. Discussion regarding witness lists and revised exhibit lists. Counsel are directed to submit the witness lists by November 30, 2009, and the revised exhibit list to the Courtroom Deputy by November 27, 2009. 11:35 a.m. Court in recess. 38 min. Hearing concluded. Total time: 2

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