Lovell et al v. Miller

Filing 90

MINUTE ENTRY for proceedings held before Magistrate Judge Craig B. Shaffer: Motion Hearing held on 12/8/2011. Granting 75 Motion for Order. (FTR: Emily Seamon) (eseam)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Magistrate Judge Craig B. Shaffer
Civil Action: 10-cv-00992-DME-CBS
Date: December 8, 2011

FTR - Reporter Deck-Courtroom A402
Courtroom Deputy: Emily Seamon

Parties:

Counsel:

JAMES ALLEN LOVELL, and
MONICA K. LOVELL,

Gerald McDermott

Plaintiffs,
v.
DAVID W. MILLER, M.D.,

Kim Childs (by telephone)

Defendant.

COURTROOM MINUTES/MINUTE ORDER
HEARING: MOTION HEARING
Court in Session:
2:31 p.m.
Court calls case. Appearances of counsel.
Discussion between the Court and counsel regarding the authenticity of two pages of documents;
response to a subpoena; rescheduling a deposition; serving requests for admission; Plaintiffs’ Motion
to Allow the Deposition for Valley View Hospital Documents [Doc. No. 75]; and Plaintiffs’
Supplement to Plaintiffs’ Motion to Allow the Deposition for Valley View Hospital Documents
(Documents 75, 75-1 and 75-2) [Doc. No. 88].
ORDERED: Plaintiffs’ Motion to Allow the Deposition for Valley View Hospital Documents
[Doc. No. 75] is GRANTED. The Court will allow Plaintiffs to take the deposition
of Dr. Steinbrecher for the limited purpose of authenticating these two pages. This
deposition shall be conducted on or before January 6, 2012. To the extent that Mr.
Childs decides that he wants to fight about the authenticity of a two page document,
he is free to do that. To the extent Mr. McDermott believes Mr. Childs’ opposition
to a deposition on the basis of authenticity is unnecessary, Mr. McDermott is free to
file a motion to shift fees and costs. To the extent that counsel can work out the
authenticity fight without the necessity of deposing Dr. Steinbrecher, they must do
so before December 19, 2011, otherwise Dr. Steinbrecher’s deposition must be

conducted on or before January 6, 2012.
HEARING CONCLUDED.
Court in recess:
Total time in court:

2:58 p.m.
00:27

To order transcripts of hearings with Magistrate Judge Shaffer, please contact Avery Woods Reporting at (303)
825-6119 or toll free at 1-800-962-3345.