Harvey v. State Farm Mutual Automobile Insurance Company et al
MINUTE ORDER. Plaintiffs Motion for Confidentiality/Protective Order against Defendant, John C. Wallace 46 is DENIED WITHOUT PREJUDICE. By Magistrate Judge Kristen L. Mix on 1/23/2012.(sah, )
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 11-cv-00467-LTB-KLM
STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, and
ENTERED BY MAGISTRATE JUDGE KRISTEN L. MIX
This matter is before the Court on Plaintiff’s Motion for Confidentiality/Protective
Order against Defendant, John C. Wallace [Docket No. 46; Filed January 19, 2012] (the
“Motion”). Plaintiff represents that Defendant Wallace opposes the requested relief.
Pursuant to the Scheduling Order [#24] governing this case, the Motion is premature. See
Sched. Ord. [#24] at 10, ¶ 8(d) (incorporating by reference “Section E.1” of the Order
Setting Scheduling/Planning Conference [#11]). The Order Setting Scheduling/Planning
Conference [#11] provides as follows:
No opposed discovery motions are to be filed with the Court until the parties
comply with D.C.COLO.LCivR 7.1A. If the parties are unable to reach
agreement on a discovery issue after conferring, they shall arrange a
telephone hearing with Magistrate Judge Mix regarding the issue. Both of
these steps must be completed before any contested discovery
motions are filed with the Court.
Order Setting Scheduling/Planning Conference [#11] at 2, § E.1 (emphasis added).
Plaintiff has not arranged a conference call to set a hearing regarding the instant
discovery dispute. Accordingly,
IT IS HEREBY ORDERED that the Motion is DENIED WITHOUT PREJUDICE.
IT IS FURTHER ORDERED that neither party shall file a contested discovery motion
until after (1) unsuccessfully conferring with the other party pursuant to D.C.COLO.LCivR
7.1A., and (2) receiving leave from the Court to file the motion. To inquire as to a hearing
regarding a discovery dispute, the parties shall initiate a conference call and then, once all
parties are on the line, dial the Court at 303-335-2770.
The Court notes that this matter is presently governed by a Confidentiality/
Protective Order as to Plaintiff and Defendant State Farm, entered on September 29, 2011
Dated: January 23, 2012
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