White v. Santomaso

Filing 77

MINUTE ORDER denying without prejudice 75 Defendant and Third Party Plaintiffs Motion to Compel Production of Release Agreement. by Magistrate Judge Kristen L. Mix on 7/21/2011.(erv, )

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 10-cv-01224-WJM-KLM AMY V. WHITE, Plaintiff, v. TYLER SANTOMASO, Defendant and Third-Party Plaintiff, v. GREGORY P. NESSLER, Third-Party Defendant. _____________________________________________________________________ MINUTE ORDER _____________________________________________________________________ ENTERED BY MAGISTRATE JUDGE KRISTEN L. MIX This matter is before the Court on Defendant and Third Party Plaintiff’s Motion to Compel Production of Release Agreement [Docket No. 75; Filed July 19, 2011] (the “Motion”). Pursuant to the Scheduling Order [Docket No. 16] governing this case, the Motion is premature. See Scheduling Order [#16] at 8, ¶ 8(d) (incorporating by reference “Section E.1” of the Order Setting Scheduling/Planning Conference [Docket No. 3]). The Order Setting Scheduling/Planning Conference [#3] 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 [#3] at 2 § E.1 (emphasis added). Defendant and Third Party Plaintiff has not arranged a conference call with the Court to attempt to resolve the instant discovery dispute. Accordingly, -1- IT IS HEREBY ORDERED that the Motion [#75] is DENIED without prejudice. IT IS FURTHER ORDERED that no party shall file a contested discovery motion until after (1) unsuccessfully conferring with the other parties pursuant to D.C.COLO.LCivR 7.1A., and (2) receiving leave from the Court to file the motion. To conduct a hearing regarding a discovery dispute, the parties shall initiate a conference call and then, once all parties are on the line, dial the Court at 303-335-2770. Dated: July 21, 2011 -2-

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