Weatherspoon v. Provincetowne Master Owners Association, Inc et al

Filing 36

MINUTE ORDER granting 33 Defendants' Motion to Conduct Plaintiff's Deposition at Courthouse and Beyond October 30, 2009 Discovery Cut-Off. Defendants may take a deposition of Plaintiff in a conference room adjunct to Magistrate Judge Mixs Chambers. The parties are directed to conference together and contact the Court to obtain a suitable date and time for the deposition, by Magistrate Judge Kristen L. Mix on 10/28/2009.(wjc, )

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 08-cv-02754-MSK-KLM BETTIE WEATHERSPOON, Plaintiff, v. PROVINCETOWNE MASTER OWNERS ASSOCIATION, INC., a Colorado nonprofit corporation, and MSI, LLC, Defendant(s). _____________________________________________________________________ MINUTE ORDER _____________________________________________________________________ ENTERED BY MAGISTRATE JUDGE KRISTEN L. MIX This matter is before the Court on Defendants' Motion to Conduct Plaintiff's Deposition at Courthouse and Beyond October 30, 2009 Discovery Cut-Off [Docket No. 33; Filed October 26, 2009] (the "Motion"). Plaintiff opposes the Motion and claims that the only reason for Defendants' Motion is "to intimidate, harass, defame her character ..." As an alternative, she requests that the deposition be held by telephone, or that if the deposition is held at the courthouse that she be allowed to use her personal audio and video equipment. Pursuant to D.C.COLO.LCivR 30.3(C), when "deposition abuse is anticipated, a judicial officer may order that any deposition be taken at the courthouse ... so that, at the request of any party, witness, or counsel, any dispute may be heard and decided immediately by a judicial officer ...." In light of the animosity between the parties and the possibility that Plaintiff's deposition may become combative, the Court believes that holding Plaintiff's deposition in the Courthouse is appropriate. In addition, the Court denies Plaintiff's requests. The Court notes that Plaintiff's requests for relief are included in her response to the Motion, in violation of D.C.COLO.L.CivR. 7.1C. IT IS HEREBY ORDERED that the Motion is GRANTED. Defendants may take a deposition of Plaintiff in a conference room adjunct to Magistrate Judge Mix's Chambers, located at Courtroom C204, Second Floor, Byron G. Rogers United States Courthouse, 1929 Stout Street, Denver, Colorado. The parties are directed to conference together and contact the Court to obtain a suitable date and time for the deposition. The parties are advised that no opposed discovery motions are to be filed with

the Court until the parties comply with D.C.COLO.LCivR. 7.1(A). If the parties are unable to reach agreement on a discovery issue after conferring, they shall arrange a conference call with Magistrate Judge Mix to attempt to resolve the issue. Both of these steps must be completed before any contested discovery motions are filed with the Court. Dated: October 28, 2009