Smith v. Pizza Hut, Inc.

Filing 337

AMENDED ORDER re: 335 Order, by Magistrate Judge Boyd N. Boland on 12/18/12. (dkals, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Magistrate Judge Boyd N. Boland
Civil Action No. 09-cv-01632-CMA-BNB
MARK SMITH, individually and on behalf
of other similarly situated persons,
Plaintiff,
v.
PIZZA HUT, INC.,
Defendant.
______________________________________________________________________________
AMENDED ORDER
______________________________________________________________________________
This matter arises on Plaintiffs’ Motion to Compel Defendant to Produce Witnesses
and Suggestions In Support [Doc. # 329, filed 11/27/2012] (the “Motion to Compel”).
I held a hearing on the Motion to Compel this morning. I am informed by counsel that
the discovery dispute can be resolved by the parties provided the defendant produces required
data and the plaintiff has sufficient time after receiving the data to review it and provide it to
plaintiffs’ expert for evaluation. Preparation of the data for production is underway.
IT IS ORDERED:
(1)

A status conference to address scheduling issues is set for February 5, 2013, at

10:00 a.m., in Courtroom 401, 4th floor, Alfred A. Arraj United States Courthouse, 901 19th
Street, Denver, Colorado. Counsel may attend the status conference by telephone by contacting
the court at the designated time at 303-844-6408;

(2)

Prior to the status conference, counsel and (if appropriate) their consultants shall

conduct a telephone conference call or meeting to address technical issues concerning the nature
of the data available, to format in which it is maintained, the format in which it will be produced,
and any other necessary technical matters so that a final schedule can reasonably be set at the
status conference based on the best available information;
(3)

On or before February 4, 2013, at 12:00 noon, counsel shall submit a joint status

report with their suggestions about the final schedule;
(4)

The Motion to Compel [Doc. # 329] is DENIED without prejudice in view of the

parties’ representation that the discovery dispute can be resolved in connection with setting a
final schedule; and
(5)

The deadlines for expert disclosures, discovery cut-off, and dispositive motions

are VACATED pending the status conference.
Dated December 18, 2012.
BY THE COURT:
s/ Boyd N. Boland
United States Magistrate Judge

2