Martin v. Sears, Roebuck and Co.

Filing 38

Minute Entry for proceedings held before Magistrate Judge Kathleen M. Tafoya: Motion Hearing held on 7/13/2009. Granting in part 21 Motion to Compel. The Court has determined that Defendants documents and information provided is adequate and the mo tion to compel on this issue is denied. The Court will allow plaintiff to inquire as to the salary, inclusive of extras, i.e., bonuses, stock options, etc., of employee Don Strand. However all material disclosed will be considered Attorneys Eyes Only information and subject to the Protective Order. The motion to compel as to this issue is granted with those limitations. No fees will be awarded either side in regard to this motion. (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-01998-MSK-KMT FT R Debra Brown, Deputy Clerk Sean Michael McCurdy Kent E. Eichstadt Plaintiffs. v. SEARS, ROEBUCK AND CO. Defendants. Erin Ashley Webber Stephanie L. Hankin

Date: July 13, 2009 JOANNA MARTIN

COURTROOM MINUTES / MINUTE ORDER MOTION HEARING Court in Session: 8:57 a.m. Court calls case. Appearance of counsel. Plaintiffs' First MOTION to Compel Discovery [Document #21, filed May 20, 2009] is granted in part as follows: All discovery requests concerning the net worth of Sears and Sears Holding Co. Argument of Counsel. ORDERED: The Court has determined that Defendant's documents and information provided is adequate and the motion to compel on this issue is denied. The Defendant agrees that as to the financial documents downloaded from www.searsholdings.com/invest/financial_info.htm the Defendant stipulated to authenticity and to other foundational objections however it reserves its right to raise relevancy objections at trial.

Interrogatory No. 18, Gross Compensation of Don Strand Argument of Counsel. ORDERED: The Court will allow plaintiff to inquire as to the salary, inclusive of extras, i.e., bonuses, stock options, etc., of employee Don Strand. However all material disclosed will be considered "Attorneys Eyes Only" information and subject to the Protective Order. The motion to compel as to this issue is granted with those limitations. No fees will be awarded either side in regard to this motion.

Court in recess: 9:34 a.m. Total In-Court Time 0:37; hearing concluded.