Kellar v. United States Department of Veterans Affairs

Filing 78

Minute Entry for proceedings held before Magistrate Judge Kristin L. Mix: Motion Hearing held on 3/20/2009, denying 60 Motion for Relief from Order. Interested Party shall produce all records in her possession pertaining to Plaintiff to the Defendant's attorney on or before 03/23/09. (Court Reporter FTR - Kathleen Finney.) (wjc, ) Modified on 3/23/2009 to correct Judge hearing case (wjc, ).

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Magistrate Judge Kristen L. Mix FTR - Reporter Deck - Courtroom C-204 Byron G. Rogers United States Courthouse Date: March 20, 2009 Courtroom Deputy, Kathleen Finney ______________________________________________________________________________ RICHARD D. KELLAR, Plaintiff(s), v. UNITED STATES DEPARTMENT OF VETERANS AFFAIRS, Defendant(s), DENEEN R. GAMMONS, Pro Se Marcy E. Cook Derek W. Cole Civil Action No.: 08-cv-00761-WYD-KLM

Interested Party. ______________________________________________________________________________ COURTROOM MINUTES / MINUTE ORDER ______________________________________________________________________________ HEARING: MOTIONS HEARING Court in Session: 9:11 a.m. Motions Hearing was scheduled for 9:00 a.m. Due to Plaintiff's counsel's failure to arrive on time, Court was delayed. Court calls case. Appearance of counsel.

Motion Hearing is scheduled regarding Motion for Relief from Order (Docket No.56) [Docket No. 60, filed 2/20/2009]. Defendant's argument by Marcy E. Cook. Plaintiff's argument by Derek W. Cole. It is ORDERED: For the reasons set forth on the record, the Motion for Relief from Order [No. 60] is DENIED. Dr. Gammons shall produce all records in her possession

pertaining to Plaintiff to the Defendant's attorney on or before March 23, 2009 at 5:00 p.m. Failure to do so will subject Dr. Gammons to the imposition of sanctions, including sanctions for contempt. It is ORDERED: Dr. Gammons shall file an itemization of her expenses incurred in producing the documents with the Court and provide a copy to the Defendant no later than April 3, 2009. The itemization shall include all expenses Dr. Gammons contends that she has incurred as a result of the order requiring production of the documents. On or before April 13, 2009, Defendant shall file a response to the itemization, indicating any objections thereto. All documents produced by Dr. Gammons pursuant to this order, and all documents produced by any party that contain alleged trade secrets or other confidential information, shall be used solely for the purposes of this litigation. Any other use of the documents is not permitted, unless the Court issues an Order expressly permitting such other use.

It is ORDERED:

HEARING CONCLUDES. Court in recess: 9:39 a.m. Total In-Court Time: 00:28 To order a transcript of this proceeding, contact Avery Woods Reporting at [phone].