Eller v. Experian Information Solutions, Inc. et al

Filing 89

Minute Entry for proceedings held before Magistrate Judge Kathleen M. Tafoya: Motion Hearing held on 2/8/2010. Granting in part and denying in part 78 MOTION to Compel Discovery Responses by Defendant. Discovery due by 3/11/2010. Dispositive Motions due by 4/12/2010. (FTR - Debra Brown.) (kmtcd, )

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Magistrate Judge Kathleen M. Tafoya
Civil Action No. 09-cv-00040-MSK-KMT FT R Debra Brown, Deputy Clerk Pro se Plaintiffs. v. TRANS UNION LLC EXPERIAN INFORMATION SOLUTIONS, INC., Defendants. Benton Jordan Barton Martin Thornthwaite Edward Chang (No appearance)

Date: February 08, 2010 GERALD HANSEN ELLER

COURTROOM MINUTES / MINUTE ORDER

MOTION HEARING Court in Session: 9:36 a.m. Court calls case. Appearance by plaintiff, pro se and of Counsel. The Court's record will reflect there is no appearance by Mr. Chang. Defendant, Trans Union's [78] MOTION to Compel Discovery Responses, filed December 21, 2009 at issue. Opening statements by the Court. Argument by the parties. W ith respect to Request for Admissions 1 thru 16 the motion to compel is DENIED. W ith respect to Interrogatories numbered 3 thru 14 and 17 the Court finds as follows: ORDERED: W ith respect to Interrogatory number 3 and 4 the motion to compel is GRANTED and requires supplemental responses by Plaintiff. W ith respect to Interrogatory number 5, the motion to compel is GRANTED in part. As to damages claimed from March 01, 2006 to present, Plaintiff shall state his damages specifically and supplement his responses.

09-cv-00040-MSK-KMT February 08, 2010 Page 2 W ith respect to Interrogatory number 6 the motion to compel is GRANTED in part as stated on the record. Plaintiff shall supplement his response. W ith respect to Interrogatory number 7, the motion to compel is GRANTED as amended to substitute the date March 01, 2006 for January 2005 and requires a supplemental response by Plaintiff. W ith respect to Interrogatory number 8 the motion to compel is GRANTED and requires a supplemental response by Plaintiff. W ith respect to Interrogatory number 9, the motion to compel is DENIED. W ith respect to Interrogatory number 10 the motion to compel is DENIED with leave to resubmit a revised Interrogatory 10 on or before February, 12, 2010. Plaintiff shall respond on or before March 11, 2010. W ith respect to Interrogatories numbers 11, 12 the motion to compel is DENIED.

W ith respect to Interrogatory number 13, modified to substitute March 01, 2006 for January 2005, and to delete the word "reseller", the motion to compel is GRANTED. Plaintiff shall submit supplemental responses. With respect to Interrogatory number 14 the motion to compel is DENIED. W ith respect to Interrogatory number 17 the motion to compel is GRANTED and requires a supplemental response by Plaintiff. ORDERED: W ith respect to Request for Production of Documents numbered 1, 3, 6, 7, 9, 10, 11, 13, 16 and 24 the motion to compel is GRANTED with the limitation that all the requests apply to documents or evidence subsequent to March 01, 2006. The parties shall meet before February 21, 2010. At the meeting, Plaintiff shall provide all documents in his possession as discussed in Court for inspection by Defendants. Defendants shall copy and appropriately label any document they need and return the original to the Plaintiff. The Defendants shall provide to the Plaintiff a complete copy of all documents copied by Defendants with the sequential numbers. All ordered supplemental responses from Plaintiff are due on or before March 11, 2010. Discovery cut-off is extended to March 11, 2010. Dispositive motion deadline is extended to April 12, 2010.

ORDERED:

ORDERED:

ORDERED:

09-cv-00040-MSK-KMT February 08, 2010 Page 3 ORDERED: The Court advises the parties that a written Report and Recommendation will issue regarding [70] Plaintiff's "MOTION to Amend [31] Unopposed MOTION to Amend First Amended Complaint Pursuant to Fed.R.Civ.P. 15(a)(2)" recommending denial of the motion.

Court in recess: 11:31 a.m. Total In-Court Time: 1:56; hearing concluded
* T o obtain a transcript of this proceeding, please contact Avery W o o d s Reporting at [phone].