Loncar et al v. Western Peak, LLC et al

Filing 204

ORDER granting 202 Motion for Order signed by Magistrate Judge Craig B. Shaffer on 9/11/12.(cbssec)

UNITED STATES DISTRICT COURT
DISTRICT OF COLORADO

Civil Action No. 08-CV-01592-PAB-CBS
ROBERT LONCAR, et al.,
Plaintiffs,
-vsDAVID R. FIORE, et al.,
Defendants.

ORDER COMPELLING GEORGE ALLEN
TO PRODUCE DOCUMENTS

This matter came before the Court on September 6, 2012 for a hearing on the
Western Peak Defendants’ Motion to Compel Discovery Responses. This Motion sought
to compel George Allen to respond to Interrogatories and Request for Production of
Documents served on him by the Western Peak Defendants, pursuant to Fed.R.Civ.P. 33,
34, and 69(a)(2). At the conclusion of the hearing the Court granted the motion and
ordered Allen to produce all requested information and documents to the Western Peak
Defendants by 5:00 p.m. on September 10. The Court further awarded the Western Peak
Defendants the fees they had incurred in bringing the Motion, but not in appearing at the
hearing, and directed the parties to confer regarding the amount of the award.
In light of discussions during the hearing, the Court further gave the parties leave

to submit a proposed stipulated form of order to supersede the Order entered by the Court
from the bench. The parties have done so, and pursuant to the stipulation of the parties,
the Court hereby ORDERS:
1.

By 5:00 p.m. on September 11, 2012, Allen will produce to Brian Moore,

counsel of record for the Western Peak Defendants, all documents requested in the
Requests for Production of Documents which the Western Peak Defendants served upon
Allen.
2.

Moore will not use the documents produced by Allen for any purpose

except this litigation.

This permitted use includes:

sharing the documents with

individuals associated with his law firm (Jester Gibson & Moore, LLP); submitting the
documents to the Court as exhibits to motions or other filings; using the documents in the
course of depositions taken in this action; and using the documents as exhibits or showing
them to witnesses in connection with hearings held in connection with this matter.
Otherwise, Moore may not disclose or share the documents except pursuant to court order
or other legal compulsion.
September
Dated this 11th day of _______________________, 2012.
BY THE COURT:

________________________________
United States Magistrate Judge

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APPROVED BY:

/s George M. Allen
George M. Allen
75 East 100 South PO Box 92
Hanksville, UT 84734

/s Brian T. Moore
Brian T. Moore
Jester Gibson & Moore, LLP
1999 Broadway, Ste. 3225
Denver, CO 80202

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