L-3 Communications Corporation et al v. Jaxon Engineering & Maintenance, Inc. et al

Filing 911

COURTROOM MINUTES for Motions Hearing held on 2/12/2014 before Magistrate Judge Kathleen M. Tafoya. ORDERED: Plaintiffs' Motion to Compel Documents Responsive to Subpoena Issued to Antonys Manufacturing Services, Inc. 782 is TAKEN UNDER AD VISEMENT. A Show Cause hearing is set for February 26, 2014 at 3:30 p.m. in Courtroom C-201 before Magistrate Judge Kathleen M. Tafoya. A separate written order will issue. Plaintiffs' request to submit a post hearing brief is DENIED. Plaintif fs' Motion for Sanctions for Defendants' Spoliation and for Other Relief 783 is DENIED, for reasons stated on record. Plaintiffs' Motion to Compel and to Reopen Defendant Joni White's Deposition 791 is GRANTED IN PART AND DE NIED IN PART. Defendants' response with respect to the AEO document designation, as referenced during today's hearing, is due to Plaintiffs on or before February 19, 2014. Defendants' Motion to Compel 806 is GRANTED IN PART AND DENIED IN PART. Defendants' Motion to Strike Deposition Errata Entries 809 is GRANTED IN PART AND DENIED IN PART. 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-02868-MSK-KMT
Sabrina Grimm

Date: February 12, 2014
FTR: Courtroom C-201

Parties:

Counsel:

L-3 COMMUNICATIONS CORPORATION, and
L-3 SERVICES, INC.,

Steven Levitt
Benjamin Chew
Karen Wiess
Nigel Wilkinson

Plaintiffs,
v.
JAXON ENGINEERING & MAINTENANCE, INC.,
JONI ANN WHITE,
RANDALL K. WHITE,
SCOTT WHITE,
SUSAN RETTIG,
CHARLES RETTIG,
JAMES YOUNGMAN,
JERRY LUBELL,
KELLY RICE,
JOHN MCCLURE, and
JOHN DOES 1-25, said names being fictitious as such
names are unknown at this time,

Lora Brzezynski
Jennette Roberts
Charles Swanson
Daniel Johnson
Kathleen Custer

Defendants.

COURTROOM MINUTES

MOTIONS HEARING
9:33 a.m.

Court in session.

Court calls case. Appearances of counsel.
Discussion regarding subpoena issued to Anthony’s Manufacturing Service, Inc.

ORDERED: Plaintiffs’ Motion to Compel Documents Responsive to Subpoena Issued to
Antony’s Manufacturing Services, Inc. [782] is TAKEN UNDER
ADVISEMENT. A Show Cause hearing is set for February 26, 2014 at 3:30
p.m. in Courtroom C-201 before Magistrate Judge Kathleen M. Tafoya. A
separate written order will issue.
Discussion regarding Plaintiffs’ potential witness, Brett Harrison. Mr. Johnson states objections
as to allowing Mr. Harrison to testify at today’s hearing.
9:51 a.m.
Defendant, John McClure, sworn.
Direct examination of Mr. McClure by Mr. Levitt.
10:56 a.m.
11:08 a.m.

Court in recess.
Court in session.

11:09 a.m.
11:13 a.m.
11:17 a.m.
11:18 a.m.

Cross examination of Mr. McClure by Ms. Brzezynski.
Redirect examination of Mr. McClure by Mr. Levitt.
Recross examination of Mr. McClure by Ms. Brzezynski.
Further examination of Mr. McClure by Mr. Levitt.

Plaintiffs’ request to submit a post hearing brief by Mr. Levitt.
ORDERED: Plaintiffs’ request to submit a post hearing brief is DENIED.
Discussion and argument regarding reformatting of external hard drive, alleged deletion of
documents by Mr. McClure, preservation, and backing up files and/or emails on the external
hard drive.
Defendants demonstrative exhibit D1 is tendered to the Court.
Defendants demonstrative exhibit D1 is REJECTED.
Court’s comments.
12:02 p.m.
1:59 p.m.

Court in recess.
Court in session.

Continued rebuttal argument by Mr. Levitt.
ORDERED: Plaintiffs’ Motion for Sanctions for Defendants’ Spoliation and for Other
Relief [783] is DENIED, for reasons stated on record.
Discussion and argument regarding Jaxon’s payroll records, Jaxon’s profit and loss statements,
reopening Joni White’s deposition, and Plaintiffs’ requests for production.

2

ORDERED: Plaintiffs’ Motion to Compel and to Reopen Defendant Joni White’s
Deposition [791] is GRANTED IN PART AND DENIED IN PART.
Defendants are directed to produce the payroll and accounting records, as
discussed. Plaintiffs are permitted 4 additional hours to depose the Rule
30(b)(6) witness, if necessary, on a limited scope of topics, as discussed. The
motion is denied as to the production of the tax returns and reopening Joni
White’s deposition.
3:29 p.m.
3:42 p.m.

Court in recess.
Court in session.

Court states its understanding of the issues with respect to Defendants’ Motion to Compel [806].
Discussion and argument regarding contracts, test plans, and test reports pertaining to PCI
testing, Defendants invalidity defense, assignor estoppel argument, email from Ms.
Quintero to Ms. Rettig, Plaintiffs’ pending Motion for Partial Summary Judgment [897], and
NDAs or confidentiality agreements.
Court notes Charles Crain has exited the courtroom. Mr. Chew tenders an AEO designated
document to the Court and wishes to re-designate the document. Ms. Custer requests time to
analyze the documents and consider the request.
ORDERED: Defendants’ response with respect to the AEO document designation, as
referenced during today’s hearing, is due to Plaintiffs on or before February
19, 2014.
ORDERED: Defendants’ Motion to Compel [806] is GRANTED IN PART AND DENIED
IN PART. Plaintiffs are directed to produce contracts, applicable NDAs, if
any, test plans, and test reports, as stated on record, for Boeing, Sandia, and
AT&T during the 2003-2005 time period as set forth more particularly on
the record. Plaintiffs are also directed to produce the NDAs, as testified to by
Mr. Crain, those three projects and also for Hensel Phelps, ATEC, and
Harris during the subject time periods and pertaining to the projects for
which Defendants received documents from third parties. All documents
shall be produced to Defendants on or before March 12, 2014 or the absence
of the documents will be explained with a full chronology of the steps taken
to find the documents. Further, if any document destruction with respect to
this order has taken place subsequent to the filing of this lawsuit, the
Plaintiffs will so inform the Defendants.
The motion is denied as to the production of the Quintero/Rettig email.
However, if they so choose, Defendants may compensate Plaintiffs in the
amount of $8,550.00 to search for the email; if paid the Plaintiffs will search
3

for and produce the one email and will not be entitled to claim any additional
costs as part of the production.
ORDERED: Defendants’ Motion to Strike Deposition Errata Entries [809] is GRANTED
IN PART AND DENIED IN PART, as stated more particularly as to each
questioned entry on record.
Discussion regarding designation of documents.
5:10 p.m.

Court in recess.

Hearing concluded.
Total in-court time 05:15
*To obtain a transcript of this proceeding, please contact Avery Woods Reporting at [phone].

4