Sun River Energy, Inc. v. Nelson et al

Filing 128

MINUTE ORDER denying without prejudice 100 Defendants' Motion to Compel Discovery and Request for Forthwith Ruling, and denying 122 Defendants' Motion to Continue Hearing Set for August 22, 2011. By Magistrate Judge Michael E. Hegarty on 8/15/2011. (mehcd)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 11-cv-00198-MSK-MEH
SUN RIVER ENERGY, INC.,
Plaintiff,
v.
ERIK S. NELSON,
STEVE STEPHENS, and
CORAL CAPITAL PARTNERS, INC.,
Defendants.

MINUTE ORDER
Entered by Michael E. Hegarty, United States Magistrate Judge, on August 15, 2011.
Before the Court is Defendants’ Motion to Compel Discovery and Request for Forthwith
Ruling [filed July 29, 2011; docket #100], which the Court construes as a request for discovery in
preparation for the August 22, 2011 hearing.1 Defendants’ request is based upon the possibility that
Plaintiff may argue the “reasonableness” of a share sale limitation at the hearing. The motion is
denied without prejudice; the Court will not require the production of any documents or
information at this stage in the case based upon mere speculation. Moreover, after reading the
briefs, the Court believes that Defendants’ fears are misplaced. The Court will not permit either side
to be disadvantaged and will accommodate any need for additional argument or discovery. All
requests for attorney’s fees are denied.
Based on this order, Defendants’ Motion to Continue Hearing Set for August 22, 2011 [filed
August 15, 2011; docket #122] is denied.

1

Defendants do not bring the motion pursuant to Fed. R. Civ. P. 37 and admit that they have
propounded no discovery requests upon the Plaintiff before filing the motion.