Thomas v. Auto-Owners Insurance Company et al

Filing 54

COURTROOM MINUTES/MINUTE ORDER for proceedings held before Magistrate Judge Michael E. Hegarty: Telephonic Status Conference held on 11/2/2011, denying without prejudice 43 Plaintiff's Motion to Compel Defendant Auto-Owners Pursuant to F.R.C.P. 37, and denying 52 Plaintiff's Motion to Amend Scheduling Order. (FTR: C. Coomes -- Courtroom A-501) (mehcd)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
MAGISTRATE JUDGE MICHAEL E. HEGARTY
Civil Action No. 11-cv-00413-RBJ-MEH
Date: November 2, 2011

FTR – Courtroom A501
Cathy Coomes, Courtroom Deputy

RUDY THOMAS,

Marc F. Bendinelli (by phone)

Plaintiff,
v.
AUTO-OWNERS INSURANCE COMPANY and
BRISTOL WEST INSURANCE COMPANY,

Amanda Burke
Gregory Giometti
Stephanie Montague (by phone)

Defendants.

COURTROOM MINUTES/MINUTE ORDER
TELEPHONIC STATUS CONFERENCE
Court in session:

9:33 a.m.

The Court calls case. Appearances of counsel.
Discussion regarding the status of the case, rescheduling of Plaintiff’s vocational rehabilitation
interview, extending the deadline for Ms. Montoya’s report regarding the vocational
rehabilitation interview, Defendants’ request for attorneys’ fees incurred with the rescheduling of
the vocational rehabilitation interview, subpoenas duces tecum issued to Westminster Mall by
Defendants, and production of IRS records by Plaintiff to Defendants.
Defendant Auto-Owners’ counsel are directed to submit an affidavit of attorneys’ fees regarding
the rescheduling of the vocational rehabilitation interview.
Discussion and argument regarding Plaintiff’s Motion to Compel Defendant Auto-Owners
Pursuant to F.R.C.P. 37 (Doc. #43, filed 10/10/11) and Plaintiff’s Motion to Amend Scheduling
Order (Doc. #52, filed 11/1/11).
10:04 a.m.

Off the record. Mr. Bendinelli was disconnected. Ms. Montague will contact Mr.
Bendinelli and then contact the Court again.

10:15 a.m.

On the record. Mr. Bendinelli and Ms. Montague are present again by telephone.

ORDERED: 1.

The report regarding Plaintiff’s vocational rehabilitation interview is due
on or before November 21, 2011.

2.

Plaintiff’s Motion to Compel Defendant Auto-Owners Pursuant to
F.R.C.P. 37 (Doc. #43, filed 10/10/11) is DENIED without prejudice as
stated on the record. The Court finds that the motion is not ripe at this
time.

3.

Plaintiff’s Motion to Amend Scheduling Order (Doc. #52, filed 11/1/11) is
DENIED. Plaintiff’s counsel is granted leave to file a Motion to
Reconsider.

Court in recess:
Total time in court:

10:18 a.m.
0:34

(Hearing concluded)