Chimney Rock Public Power District et al v. Tri-State Generation and Transmission Association, Inc. et al

Filing 217

COURTROOM MINUTES for Motion Hearing held on 7/10/2013 before Magistrate Judge Kathleen M. Tafoya. ORDERED: Defendant Tri-State's Motion to Compel 185 is TAKEN UNDER ADVISEMENT. Plaintiffs are directed to file, under Restriction Level 3, do cuments 2, 50, 55, 56, 57, 59, 69, 81, 82, 84, 90, 92, 93, 94, 102, 116, 117, 130, 133, 136, 137, 150, 153, 154, 156, 158, 163, 227, 231, 264, 278, 429, and 430 as identified on Plaintiffs' Privilege Log, unredacted, by close of business on July 12, 2013 for in camera review. FTR: S. Grimm. (sgrim)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Magistrate Judge Kathleen M. Tafoya
Civil Action No:
Courtroom Deputy:

10-cv-02349-WJM-KMT
Sabrina Grimm

CHIMNEY ROCK PUBLIC POWER DISTRICT,
MIDWEST ELECTRIC COOPERATIVE
CORPORATION,
NORTHWEST RURAL PUBLIC POWER
DISTRICT,
PANHANDLE RURAL ELECTRIC
MEMBERSHIP ASSOCIATION, and
ROOSEVELT PUBLIC POWER DISTRICT,

Date: July 10, 2013
FTR: Courtroom C-201
Philip Roselli

Plaintiffs,
v.
TRI-STATE GENERATION AND
TRANSMISSION ASSOCIATION, INC.,

Michael Carroll
Brian Eberle

Defendant.

COURTROOM MINUTES

Motion Hearing
1:34 p.m.

Court in session.

Court calls case. Appearances of counsel.
Also present and seated at plaintiffs’ table, Christine Garrison on behalf of Counter Defendants
Rolland Skinner and Ryan Reiber. Andrew Petrie and Sarah Wallace on behalf of Counter
Defendants Wayne Cobb and Jerry Underwood.
Discussion regarding at issue waiver, privilege log, attorney/client privilege, work product
privilege, redacted documents, potential in camera submission of documents for review, Cobb
and Underwood’s knowledge of potential litigation against Tri-State, and fiduciary duties.
1:36 p.m.

Argument by Mr. Carroll.

1:53 p.m.

Argument by Mr. Petrie.

2:17 p.m.

Argument by Mr. Roselli.

2:27 p.m.

Rebuttal argument by Mr. Carroll.

ORDERED: Defendant Tri-State’s Motion to Compel [185] is TAKEN UNDER
ADVISEMENT. Plaintiffs are directed to file, under Restriction Level 3,
documents 2, 50, 55, 56, 57, 59, 69, 81, 82, 84, 90, 92, 93, 94, 102, 116, 117,
130, 133, 136, 137, 150, 153, 154, 156, 158, 163, 227, 231, 264, 278, 429, and
430 as identified on Plaintiffs’ Privilege Log, unredacted, by close of business
on July 12, 2013 for in camera review.
2:49 p.m.

Court in recess.

Hearing concluded.
Total in-court time 01:15
*To obtain a transcript of this proceeding, please contact Avery Woods Reporting at [phone].

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