Madison Services Company, LLC v. Gordon

Filing 185

Minute Entry for Motion Hearing held on 8/31/2010 held before Magistrate Judge Kathleen M. Tafoya. Granting in part and denying in part 127 Motion to Compel. Taking under advisement 138 Motion to Supplement. (Court Reporter FTR - Nick Richards) (kmtcd)

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Magistrate Judge Kathleen M. Tafoya Civil Action No. 09-cv-02369-MSK-KMT Date: August 31, 2010 MADISON SERVICES COMPANY, LLC, Plaintiff, v. JOHN GORDON, Defendant. COURTROOM MINUTES / MINUTE ORDER MOTIONS HEARING Court in session: 10:11 a.m. Court calls case. Appearances of counsel. Hearing is set for Defendant's Motion to Compel [Doc. No. 127, filed June 16, 2010] and Defendant's Renewed Motion to Supplement Administrative Record [Doc. No. 138, filed June 23, 2010]. Oral arguments from Defendant. Oral arguments from Plaintiff. It is ORDERED: Defendant's Renewed Motion to Supplement Administrative Record [138] is TAKEN UNDER ADVISEMENT. Plaintiff shall designate supplemental documents ­ requested only upon the court's allowing the admission of any of Defendant's proposed supplements ­ on or before September 7, 2010. Defendant shall respond to Plaintiff's proposed supplemental documents on or before September 14, 2010. It is ORDERED: Defendant's Motion to Compel [127] is GRANTED IN PART and DENIED IN PART as follows: Paul Gordon Stephen Francis McWhirter FTR - Courtroom C-201 Deputy Clerk, Nick Richards Denise D. Riley Alexander Christian Clayden Jan Kneisel

Request 1, bullet points 2 and 6 are GRANTED. Documents pertaining to Defendant's authorization to sign on behalf of Plaintiff company and sign new accounts are to be produced. Bullet points 1, 3, 4, and 5 are DENIED. Request 2, bullet point 2 is GRANTED. Bullet point 1 is DENIED. Request 3 is DENIED without prejudice, pending ruling from District Judge Marcia S. Krieger on the pending objection [106] to this Court's order [99] or the progression of the case to second phase discovery. Request 7, bullet points 1 and 2 are GRANTED as to production of additional documents or certification that a search has been conducted and no additional documents were found. Request 8 in its entirety is DENIED. Request 9, bullet point 2 is GRANTED. Plaintiff ordered to produce all releases signed by employees in Plan. Bullet points 1, 3, 4, and 5 are DENIED. Request 10 is DENIED without prejudice as premature (see Request 3 above). Request 11 is DENIED without prejudice as premature (see Request 3 above). It is ORDERED: Defendant will be allowed to submit one additional interrogatory as discussed. Interrogatory will be submitted on or before September 3, 2010. Documents ordered to be produced in the context of these proceedings and the answer to the additional Defendant's interrogatory will be provided by Plaintiff to Defendant on or before October 4, 2010. THE FOLLOWING WILL CONFIRM THE ACTIONS TAKEN AND DATES SET.

It is ORDERED:

It is ORDERED: DEADLINES:

Supplement to Plaintiff's Motion for Judgment on the Administrative Record: October 22, 2010.
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Defendant's Response to Plaintiff's Motion for Judgment on the Administrative Record: November 22, 2010. Reply Defendant's Response: December 22, 2010. Discovery Cut-off for non-administrative claims, phase one: November 29, 2010. Dispositive Motions Deadline for non-administrative claims, phase one: January 5, 2011. Disclosure of Rebuttal Experts for non-administrative claims, phase one: October 29, 2010. It is ORDERED: Settlement Conference set for Tuesday, September 7 at 1:30 p.m. is VACATED. Settlement conference reset on Tuesday, January 11, 2011 at 9:00 a.m. for full day proceedings.

12:45 p.m.: Additional proceedings conducted under seal. It is ORDERED: Request 7, bullet points 3, 4, and 5 are DENIED.

Court in Recess: 12:57 p.m. Hearing concluded. Total In-Court Time 02:46
*To obtain a transcript of this proceeding, please contact Avery Woods Reporting at [phone].

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