James v. Heuberger Motors, Inc.

Filing 35

MINUTE ORDER Holding in Abeyance 33 Motion for Protective Order pending ahearing on March 4, 2011 at 12:00 p.m. Motion Hearing set for 3/4/2011 12:00 PM before Magistrate Judge Kristen L. Mix. by Magistrate Judge Kristen L. Mix on 3/3/2011.(erv, )

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 10-cv-01648-CMA-KLM HARRY JAMES, Plaintiff, v. HEUBERGER MOTORS, INC., a Colorado corporation, Defendant. _____________________________________________________________________ MINUTE ORDER _____________________________________________________________________ ENTERED BY MAGISTRATE JUDGE KRISTEN L. MIX This matter is before the Court on Defendant's Motion for Protective Order to Restrict the Subject Matter of Plaintiff's 30(b)(6) Notice of Deposition [Docket No. 33; Filed March 2, 2011] (the "Motion"). Pursuant to the Scheduling Order [Docket No. 9] governing this case, the Motion is premature. See Scheduling Order [#9] at 5, ¶8(c) (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).

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Defendant has not arranged a conference call to attempt to resolve the instant discovery dispute. Thus, Defendant has failed to comply with the Court's Orders [#3 & 9]. This is the second time the parties have not followed the Court's prescribed discovery procedures in this case. On January 20, 2011, the Court denied Plaintiff's Motion to Compel Discovery [Docket No. 10] as premature and stated as follows: "IT IS FURTHER ORDERED that the parties shall not file any contested discovery motions until after having (1) unsuccessfully conferred with each other pursuant to D.C.COLO.LCivR 7.1A and (2) being given permission to do so by the Court." Minute Order [Docket No. 15]. Thus, the parties have been made well aware of the Court's requirements for filing discovery motions. Accordingly, IT IS HEREBY ORDERED that henceforth any contested discovery motions that do not comply with the Court's Orders [#3, 9 & 10] setting forth the Court's discovery procedures will be summarily denied. Despite the fact that the instant Motion is noncompliant, the issues it presents relate to a deposition that is scheduled for March 7, 2011. Thus, in the interest of expedience, IT IS FURTHER ORDERED that the Motion [#33] is held in abeyance pending a hearing on March 4, 2011 at 12:00 p.m. IT IS FURTHER ORDERED that the parties may appear at the hearing either in person or by telephone. To appear by telephone, a party shall dial the Court at 303-3352770. If more than one party wishes to appear telephonically, these parties must initiate a conference call between themselves and then, once all parties are on the line, dial the Court at 303-335-2770. Dated: March 3, 2011 -2-