Tennille v. Western Union Company, The

Filing 128

MINUTE ENTRY for Motion Hearing held on 9/19/2011 before Magistrate Judge Kathleen M. Tafoya, granting in part 117 Motion to Compel. On or before September 28, 2011, the parties will meet and confer on a date for the deposition of Yamilet Rodrigue z to be held in New York, New York. Mr. Yurasek may attend the deposition in person; attending attorneys will bear their own costs to attend. The motion is DENIED with regard to sanctions. Plaintiff's will produce a declaration verifying James P. Tennille and Robert Smet have produced all documents to defense counsel regarding the request for documents on or before September 28, 2011. (FTR: Nick Richards) (kmtcd)

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Magistrate Judge Kathleen M. Tafoya Civil Action No. 09-cv-00938-JLK-KMT FTR - Courtroom C-201 Date: September 14, 2011 Deputy Clerk, Nick Richards JAMES P. TENNILLE, ROBERT SMET, ADELAIDA DELEON, and YAMILET RODRIGUEZ, individually and on behalf of all others similarly situated, Richard Joseph Burke Daniel Ellis McKenzie Plaintiffs, v. THE WESTERN UNION COMPANY, a Delaware Corporation, and WESTERN UNION FINANCIAL SERVICES, INC., Jason A. Yurasek Defendants. COURTROOM MINUTES / MINUTE ORDER MOTION HEARING Court in session: 10:26 a.m. Court calls case. Appearances of counsel. Motion Hearing is called regarding Defendants’ Motion to Compel Production of Documents, Attendance at Deposition, and for Sanction [Doc. No. 117, filed August 29, 2011]. Oral argument from Mr. Yurasek. Oral argument from Mr. Burke. It is ORDERED: Defendants’ Motion to Compel [117] is GRANTED in part. On or before September 28, 2011, the parties will meet and confer on a date for the deposition of Yamilet Rodriguez to be held in New York, New York. Mr. Yurasek may attend the deposition in person; attending attorneys will bear their own costs to attend. In accordance with Fed. R. Civ. P. 37(a)(5)(A)(iii), other circumstances make an award of costs against plaintiffs unjust and the motion is DENIED with regard to sanctions. Plaintiff’s will produce a declaration verifying James P. Tennille and Robert Smet have produced all documents to defense counsel regarding the request for documents on or before September 28, 2011. Court in Recess: 11:15 a.m. Hearing concluded. Total In-Court Time 00:49 *To obtain a transcript of this proceeding, please contact Avery Woods Reporting at (303) 825-6119. Page 2 of 2

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