Bach v. Hyatt Corporation

Filing 149

Minute Entry for proceedings held before Magistrate Judge Kathleen M. Tafoya: Motion Hearing held on 11/23/2009. 124 MOTION to Strike Expert Witness Report of Hyatt's Endorsed Expert, George Merlo, PE, filed by Interserv Group, Inc.,October 12 , 2009 and 132 MOTION to Strike Hyatt Corporations Second Supplemental F.R.C.P. 26(a) (2) Expert Disclosures, filed by Kathie Bach on October 29, 2009 are DENIED for the reasons stated on the record. The Request for Sanctions contained within the R esponse filed by Hyatt Corporation, Document No. 141, filed November 13, 2009 is DENIED for the reasons stated on the record. Depositions of Mr. Struyf, Mr. Avery, and Mr. Merlo will be allowed but will be limited to issues arising out of Mr. Merlos September 28, 2009 Supplemental Expert Report. Those depositions will be completed on or before December 23, 2009. Interserv may file an expert report in rebuttal to Mr. Merlos September 28, 2009 supplemental report on or before January 08, 2010. Pla intiffs 128 MOTION to Compel The Deposition of Mr. Roy Lehto isGRANTED only to the extent that the deposition of Mr. Lehto may be taken bytelephone or webcam unless all parties agree to a different arrangement. Mr.Lehtos deposition will be complete d on or before December 23, 2009. 129 MOTION for Extension of Time to Enlarge Discovery Cutoff, filed by KathieBach on October 16, 2009 is GRANTED up to and including December 23, 2009 for the sole purpose of taking the depositions referenced herei n. Plaintiffs 97 MOTION to Strike Designation of Non-Party Slifer Designs filed August 20, 2009; Third-Party Defendant, Interserv Group, Inc. Is DENIED without prejudice. Defendant, Hyatt may file an Amended Designation complaint with Redden v. SCI , 38 P.3d 75 (Colo. 1981) on or before December 10, 2009 relating to Slifer Designs. If Hyatt decides not to file an amended designation of non-party at fault, Slifer, shall withdraw the designation, [Document No. 14]. With respect to Plaintiffs and Defendants 144 MOTION to Compel Discovery to Plaintiff. Responses are due on or before November 30, 2009. Replies are due on or before December 04, 2009. (FTR - Debra Brown) (kmtcd)

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Magistrate Judge Kathleen M. Tafoya
Civil Action No. 08-cv-00842-REB-KMT FT R Debra Brown, Deputy Clerk Rebecca Albano Plaintiff. v. HYATT CORPORATION INTERSERV GROUP, INC. Defendants. Matthew Holmes Todd Jaworsky Glendon Laird

Date: November 23, 2009 KATHIE BACH

COURTROOM MINUTES / MINUTE ORDER MOTIONS HEARING Court in session: 9:00 a.m. Court calls case. Appearances of counsel. Opening statements by the Court concerning the various pending motions. The Court will address [124] MOTION to Strike Expert Witness Report of Hyatt's Endorsed Expert, George Merlo, PE, filed by Interserv Group, Inc.,October 12, 2009 and [132] MOTION to Strike Hyatt Corporations Second Supplemental F.R.C.P. 26(a) (2) Expert Disclosures, filed by Kathie Bach on October 29, 2009. Argument by Counsel. ORDERED: [124] MOTION to Strike Expert Witness Report of Hyatt's Endorsed Expert, George Merlo, PE, filed by Interserv Group, Inc.,October 12, 2009 and [132] MOTION to Strike Hyatt Corporations Second Supplemental F.R.C.P. 26(a) (2) Expert Disclosures, filed by Kathie Bach on October 29, 2009 are DENIED for the reasons stated on the record. The Request for Sanctions contained within the Response filed by Hyatt Corporation, Document No. 141, filed November 13, 2009 is DENIED for the reasons stated on the record. Depositions of Mr. Struyf, Mr. Avery, and Mr. Merlo will be allowed but will be limited to issues arising out of Mr. Merlo's September 28, 2009 Supplemental Expert Report. Those depositions will be completed on or before December 23, 2009.

ORDERED:

ORDERED:

08-cv-00842-REB-KMT November 23, 2009 Page 2 ORDERED: Interserv may file an expert report in rebuttal to Mr. Merlo's September 28, 2009 supplemental report on or before January 08, 2010.

The court will address [128] MOTION to Compel The Deposition of Mr. Roy Lehto and [129] MOTION for Extension of Time to Enlarge Discovery Cutoff, filed by Kathie Bach on October 16, 2009. Argument by Counsel. ORDERED: Plaintiff's [128] MOTION to Compel The Deposition of Mr. Roy Lehto is GRANTED only to the extent that the deposition of Mr. Lehto may be taken by telephone or webcam unless all parties agree to a different arrangement. Mr. Lehto's deposition will be completed on or before December 23, 2009. [129] MOTION for Extension of Time to Enlarge Discovery Cutoff, filed by Kathie Bach on October 16, 2009 is GRANTED up to and including December 23, 2009 for the sole purpose of taking the depositions referenced herein.

ORDERED:

The Court will address Plaintiff's [97] MOTION to Strike Designation of Non-Party Slifer Designs filed August 20, 2009; Third-Party Defendant, Interserv Group, Inc. at issue. ORDERED: Plaintiff's [97] MOTION to Strike Designation of Non-Party Slifer Designs filed August 20, 2009; Third-Party Defendant, Interserv Group, Inc. Is DENIED w ithout prejudice. Defendant, Hyatt may file an Amended Designation complaint with Redden v. SCI, 38 P.3d 75 (Colo. 1981) on or before December 10, 2009 relating to Slifer Designs. If Hyatt decides not to file an amended designation of non-party at fault, Slifer, shall withdraw the designation, [Document No. 14]. W ith respect to Plaintiff's and Defendant's [144] MOTION to Compel Discovery to Plaintiff. Responses are due on or before November 30, 2009. Replies are due on or before December 04, 2009.

ORDERED:

Court in recess: 10: 36 a.m. Total In-Court Time 1:36; hearing concluded
* T o obtain a transcript of this proceeding, please contact Avery W o o d s Reporting at [phone].

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