Caldarella v. Westminster, City of et al

Filing 35

Minute Entry for proceedings held before Magistrate Judge Kathleen M. Tafoya: Motion Hearing held on 8/12/2009. Granting in part and denying in part 28 Motion to Compel Discovery filed by Plaintiff. Preliminary Scheduling Conference set for 8/24/2009 01:00 PM in Courtroom C201 before Magistrate Judge Kathleen M. Tafoya. (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-02360-MSK-KMT FT R Debra Brown, Deputy Clerk Joseph Anthony Salazar Plaintiff. v. CITY OF WESTMINSTER, et al. Defendant. Gillian Marie Fahlsing

Date: August 12, 2009 DENISE CALDARELLA

COURTROOM MINUTES / MINUTE ORDER

MOTION HEARING Court in Session: 9:05 a.m. Court calls case. Appearance by counsel. Also present is plaintiff, Denise Caldarella. Plaintiff's Motion to Compel Discovery [Document #28, filed June 25, 2009] at issue. Opening statements by Counsel. ORDERED: Plaintiff's Motion to Compel Discovery [Document #28, filed June 25, 2009] is GRANTED in part and DENIED in part as follows:

W ith respect to Interrogatory No. 9 the motion is DENIED the Court upholds Defendant's objection, the Interrogatory exceeds the limited scope of discovery. W ith respect to Interrogatory No. 10 the motion is DENIED as overbroad. W ith respect to Interrogatory No. 6 the motion is DENIED, the Interrogatory exceeds the limited scope of discovery. W ith respect to Interrogatory No. 11 the motion is GRANTED. The Defendant is required to supplement its response for the time period January 01, 2004 through October 12, 2006. W ith respect to Interrogatory No. 12 the motion is GRANTED as to subsection b and Defendants shall supplement its response for the time period January 01, 2004 through October 12, 2006. The motion is DENIED as to subsections a and c.

W ith respect to Production of Document Request Nos. 3, 4 the motion to compel is DENIED W ith respect to Production of Document Request No. 5 the motion is GRANTED with respect to both defendants Balson and Wood. W ith respect to Production of Document Request No. 6, 7, 8 and 9 the motion is DENIED, the request exceeds the limited scope of discovery. ORDERED: A Preliminary Scheduling Conference is set for August 24, 2009 at 1:00 p.m. (limited to ½ hour) in Courtroom C-201, Second Floor, of the Byron Rogers U.S. Courthouse, 1929 Stout Street, Denver, Colorado.

ECF participants shall e-mail their proposed scheduling order to chambers with a subject line "Proposed Scheduling Order " to: [e-mail], no later August 21, 2009 .

Court in recess: 10:14 a.m. Total In-Court Time 1:09; 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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