Ryskamp v. Looney et al

Filing 156

MINUTE ORDER granting in part and denying in part 154 Unopposed Joint Motion for Order to Apply Stipulated Protective Order and Fed. R. Evid. 502(d) Orders to the New Defendants Named in Second Amended Verified Stockholder Derivative Complaint by Magistrate Judge Kristen L. Mix on 11/10/2011.(ervsl, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 10-cv-00842-WJM-KLM
DENIS RYSKAMP, Derivatively on Behalf of BOULDER GROWTH & INCOME FUND,
Plaintiff,
v.
JOEL W. LOONEY,
DEAN L. JACOBSON,
RICHARD I. BARR,
SUSAN L. COCIORA,
JOHN S. HOREJSI,
STEWART R. HOREJSI,
STEPHEN C. MILLER,
JOEL TERWILLIGER,
CARL D. JOHNS,
THE ERNEST HOREJSI TRUST NO. 1B,
BOULDER INVESTMENT ADVISERS, LLC,
STEWART INVESTMENT ADVISERS, and
FUND ADMINISTRATIVE SERVICES, LLC,
Defendants,
and
BOULDER GROWTH & INCOME FUND, INC.,
Nominal Defendant.
_____________________________________________________________________
MINUTE ORDER
_____________________________________________________________________
ENTERED BY MAGISTRATE JUDGE KRISTEN L. MIX
This matter is before the Court on the parties’ Unopposed Joint Motion for Order
to Apply Stipulated Protective Order and Fed. R. Evid. 502(d) Orders to the New
Defendants Named in Second Amended Verified Stockholder Derivative Complaint
[Docket No. 154; Filed November 3, 2011] (the “Motion”).
IT IS HEREBY ORDERED that the Motion is GRANTED in part and DENIED in
part, without prejudice. Accordingly,
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The Motion is GRANTED to the extent that it requests that the Stipulation and
Protective Order [#89], the Protective Order Pursuant to Federal Rule of Evidence 502(d)
[#99], and the Second Protective Order Pursuant to Federal Rule of Evidence 502(d) [#132]
be applied to Defendants Stewart R. Horejsi, The Ernest Horejsi Trust No. 1B, Stephen C.
Miller, Joel L. Terwilliger, Boulder Investment Advisors, LLC, Stewart Investment Advisers,
Fund Administrative Services, and Carl D. Johns (the “Newly Added Defendants”), effective
as of the date of this Minute Order.
The Motion is DENIED without prejudice to the extent that it requests that the
Order Compelling Production of Interview Memoranda (the “Order”) [#146] be applied to
the Newly Added Defendants. This Order is not a protective order but is, rather, simply a
ruling on a discovery issue. It requires Defendants Joel W. Looney, Dean L. Jacobson,
Richard I. Barr, Susan Cociora, and John S. Horejsi to produce to Plaintiff certain copies
of the Interview Memoranda no later than September 20, 2011. See Order [#146] at 4. As
such, the Order, as written, does not apply to the Newly Added Defendants, and the
parties’ have not asserted any basis for the Order to be amended to include the Newly
Added Defendants.

Dated: November 10, 2011

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