Green v. Potter

Filing 61

MINUTE ENTRY for proceedings held before Magistrate Judge Kathleen M. Tafoya: Motion Hearing held on 6/20/2012, granting in part 41 Motion to Compel and denying 47 Motion to Compel. Discovery due by 8/31/2012. Dispositive Motions due by 9/28/2012. Final Pretrial Conference set for 11/29/2012 10:00 AM in Courtroom C201 before Magistrate Judge Kathleen M. Tafoya. (FTR: Courtroom C-201) (kmtcd)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Magistrate Judge Kathleen M. Tafoya
Civil Action No. 10-cv-02201-LTB-KMT

FTR - Courtroom C-201

Date: June 20, 2012

Deputy Clerk, Nick Richards

MARVIN GREEN,

John Edward Mosby
Elisa Julie Moran

Plaintiff,
v.
PATRICK R. DONAHOE, Postmaster General,
United States Postal Service,

Nathalie Erin Cohen

Defendant.
COURTROOM MINUTES / MINUTE ORDER
MOTION HEARING
Court in session: 1:30 p.m.
Court calls case. Appearances of counsel. Plaintiff Marvin Green present with counsel.
Motion Hearing called regarding Plaintiff’s Motion to Compel Discovery [Doc. No. 41,
filed April 18, 2012] and Plaintiff’s Motion to Enforce Agreement of Counsel,
Alternatively, Plaintiff’s Second Motion to Compel Discovery and Request for Attorney’s
Fees [Doc. No. 47, filed May 7, 2012].
Oral argument from plaintiff’s counsel.
Oral argument from defendant’s counsel.
It is ORDERED:

Plaintiff’s Motion to Compel Discovery [41] is GRANTED IN PART.
Defense counsel shall produce the disciplinary records, resolutions
of disciplinary actions, and investigations that could be associated
with potential disciplinary actions from occurring within the time
period of January of 2005 to present of those employees who are
EAS Level 18 and above, management employees, and any
Postmaster at any level and who were demoted as a result of
alleged misconduct.
Files and records include database entries, hard copy or electronic
files, Ms. Charmaine Ehrenshaft’s spread sheet, and any other
documents that represent and/or compile data from any

investigations or disciplinary actions.
The files shall be produced by defense counsel on or before July
20, 2012.
Plaintiff has conceded he does not request the entire official
personnel files of any employees who might otherwise fit the
descriptions in Request for Production Nos. 8 and 9.
It is ORDERED:

The current Discovery Cut-off of July 27, 2012, the Dispositive
Motion deadline of August 30, 2012, and the Final Pretrial
Conference set for September 25, 2012 at 9:30 a.m. are VACATED
and reset to the following dates and times:
Discovery Cut-off: August 31, 2012
Dispositive Motion Deadline: September 28, 2012
Final Pretrial Conference: November 29, 2012 at 10:00 a.m.

It is ORDERED:

Plaintiff’s Motion to Enforce Agreement of Counsel, Alternatively,
Plaintiff’s Second Motion to Compel [47] is DENIED as discussed
on the record. As to emails requested in Request for Production
No. 7, the parties will confer on reasonable search terms pertaining
to emails addressed either to or from Mr. Green from 2008-2009,
and emails from the server of Defendants fitting the criteria will be
produced subsequent to review for privilege.
Plaintiff is not required to use another request for production
regarding emails relating to Mr. Green. Other matters requiring a
more specifically directed request will require the use of additional
Requests for Production of Documents.

It is ORDERED:

Both parties are granted an additional 10 requests for production of
documents for a total of 35 Requests for Production of Documents
per side.

Court in Recess: 2:34 p.m.
Hearing concluded.
Total In-Court Time 01:04
*To obtain a transcript of this proceeding, please contact Avery Woods Reporting at [phone].

Page 2 of 2