Spacecon Specialty Contractors, LLC v. Bensinger

Filing 62

MINUTE ORDER denying 58 Plaintiffs Motion for Leave to Unilaterally Set Discovery Hearing and D.C.COLO.LCIVR 7.1 Certification. By Magistrate Judge Kristen L. Mix on 05/26/2010.(sah, )

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 09-cv-02080-REB-KLM SPACECON SPECIALITY CONTRACTORS, LLC, Plaintiff, v. RICHARD BENSINGER, an individual, Defendant. _____________________________________________________________________ MINUTE ORDER _____________________________________________________________________ ENTERED BY MAGISTRATE JUDGE KRISTEN L. MIX This matter is before the Court on Plaintiff's Motion for Leave to Unilaterally Set Discovery Hearing and D.C.COLO.LCIVR 7.1 Certification [Docket No. 58; Filed May 21, 2010] (the "Motion"). Defendant has filed a response in opposition to the Motion [Docket No. 60; Filed May 24, 2010]. The parties disagree on whether there was an attempt to confer before Plaintiff filed the Motion. Plaintiff asserts that Defendant has not responded to outstanding discovery requests. Plaintiff further asserts that Defendant did not agree to Plaintiff's proposal to schedule a discovery hearing. Defendant disputes Plaintiff's account. Defendant's counsel asserts that the parties have attempted to resolve the discovery requests and that Defendant does not oppose the scheduling of a discovery hearing. Accordingly, IT IS HEREBY ORDERED that the Motion is DENIED. IT IS FURTHER ORDERED that the parties shall meet and confer and use their best efforts to resolve the discovery disputes prior to seeking the Court's intervention. IT IS FURTHER ORDERED that if unresolved discovery disputes remain after counsel for the parties meet and confer, Plaintiff's counsel shall initiate a joint conference call with opposing counsel and contact chambers at [phone] in order to schedule a mutually agreeable time for the discovery hearing. The length of any discovery hearing will be limited to one hour.

Dated: May 26, 2010