Hurtado et al v. May Trucking Company et al

Filing 49

MINUTE ORDER denying without prejudice 47 Plaintiffs' Motion to Compel Disclosure of Documents and Information Pertaining to the Insurance Claim File, by Magistrate Judge Kristen L. Mix on 03/17/2011.(wjc, )

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 10-cv-00625-MSK-KLM RAUL HURTADO, and ALTAGRACIA HURTADO, Plaintiffs, v. PASSMORE & SONS, L.L.C., an Oklahoma company, Defendants. _____________________________________________________________________ MINUTE ORDER _____________________________________________________________________ ENTERED BY MAGISTRATE JUDGE KRISTEN L. MIX This matter is before the Court on Plaintiffs' Motion to Compel Disclosure of Documents and Information Pertaining to the Insurance Claim File [Docket No. 47; Filed March 17, 2011] (the "Motion"). Pursuant to the Scheduling Order [Docket No. 14] governing this case, the Motion is premature. See Scheduling Order [#14] at 13, ¶8(h)(5) (incorporating by reference "Section E.1" of the Order Setting Scheduling/Planning Conference [Docket No. 10]). The Order Setting Scheduling/Planning Conference [#10] provides as follows: No opposed discovery motions are to be filed with the Court until the parties comply with D.C.COLO.LCivR 7.1A. If the parties are unable to reach agreement on a discovery issue after conferring, they shall arrange a conference call with Magistrate Judge Mix to attempt to resolve the issue. Both of these steps must be completed before any contested discovery motions are filed with the Court. Order Setting Scheduling/Planning Conference [#10] at 2 § E.1 (emphasis added). Plaintiffs have not arranged a conference call with Defendant and the Court to attempt to resolve the instant discovery dispute. Accordingly, IT IS HEREBY ORDERED that the Motion is DENIED without prejudice. IT IS FURTHER ORDERED that neither party shall file a contested discovery motion -1-

until after (1) unsuccessfully conferring with the other party pursuant to D.C.COLO.LCivR 7.1A, and (2) receiving leave from the Court to file the motion. To conduct a conference call hearing regarding a discovery issue, the parties shall initiate a conference call and then, once all parties are on the line, dial the Court at 303-335-2770. Dated: March 17, 2011

-2-