Nova Leasing, LLC v. Sun River Energy, Inc. et al

Filing 188

ORDER: The Motion to Quash 171 is DENIED as moot, the Pingel subpoena having been withdrawn. The Motion to Compel 182 is GRANTED IN PART and DENIED AS MOOT IN PART. Supplemental discovery responses due by 3/25/13. Status conference set for 3/28/13 at 3:00 pm in Courtroom 401, 4th floor, Alfred A. Arraj United States Courthouse, 901 19th Street, Denver, Colorado. by Magistrate Judge Boyd N. Boland on 3/13/13. (bnbcd, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Magistrate Judge Boyd N. Boland
Civil Action No. 11-cv-00689-CMA-BNB
NOVA LEASING, LLC,
Plaintiff,
v.
SUN RIVER ENERGY, INC.,
HARRY N. MCMILLAN, an individual
CICERONE CORPORATE DEVELOPMENT, a Texas limited liability company, and
J.H. BRECH, LLC, a Texas limited liability company,
Defendants,
v.
MICHAEL LITTMAN,
Third-Party Defendant.
______________________________________________________________________________
ORDER
______________________________________________________________________________
This matter arises on the following:
(1)

Sun River Energy, Inc.’s Motion to Quash Nova Leasing, LLC’s Subpoena

Duces Tecum to Josh Pingel [Doc. # 171, filed 2/19/2013] (the “Motion to Quash”); and
(2)

Nova’s Motion to Compel Discovery Responses, Production of Documents

and Deposition Dates By Sun River [Doc. # 182, filed 3/6/2013] (the “Motion to Compel”).
I held a hearing on the motions this morning and made rulings on the record, which are
incorporated here. In particular, I find that Sun River has engaged in abusive litigation tactics
and bad faith in connection with its discovery obligations.

IT IS ORDERED:
(1)

The Motion to Quash [Doc. # 171] is DENIED as moot, the Pingel subpoena

having been withdrawn.
(2)

The Motion to Compel [Doc. # 182] is GRANTED IN PART and DENIED AS

MOOT IN PART as follows:
•DENIED as moot with respect to requiring that interrogatories be answered in
writing and under oath, Sun River having provided properly executed interrogatory answers on
March 11, 2013;
•GRANTED to require Sun River to provide contact information for Josh Pingel
and Messrs. Henson, Leaver, Anderson, Surgnier, Kelloff, and Schaefer including their last
known telephone numbers, email addresses, and mailing and street addresses;
•GRANTED to require Sun River to produce all documents responsive to Nova’s
Requests for Production Nos. 13 and 14; to serve a supplemental response to these requests for
production specifying whether all responsive documents have been produced or if some are
subject to objection, specifying any objection and identifying the documents or categories of
documents withheld based on any objection; and to serve a privilege log in full compliance with
the requirements of Fed. R. Civ. P. 26(b)(5). At Nova’s option, it may either inspect the
documents prior to requesting copies or, after agreeing to pay any reasonable amount of copying
costs, direct that copies of the documents be produced to it at the offices of its counsel on the
date specified below;
•GRANTED to require Sun River to complete its privilege screening of the
documents produced by Michael Littman and to serve a privilege log concerning those

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documents on or before March 20, 2013. Thereafter, Mr. Littman shall delete from the
documents produced to Nova all documents listed on Sun River’s privilege log and produce to
Nova the non-privileged documents on or before March 25, 2013; and
•GRANTED as conceded to require Sun River to produce Steve Weathers, Donal
Schmidt, and James Pennington for their depositions in Dallas, Texas, during the week of April
8, 2013.
(3)

Sun River shall serve supplemental discovery responses, produce all non-

privileged responsive documents, and serve its privilege log (other then as related to the Littman
documents, which are addressed in ¶2 above) on or before March 25, 2013.
(4)

Nova, at its option and not later than March 22, 2013, may file a motion pursuant

to Fed. R. Civ. P. 37(a)(5) seeking its reasonable expenses, including attorneys fees, incurred in
making the Motion to Compel.
(5)

A status conference is set for March 28, 2013, at 3:00 p.m., in Courtroom 401, 4th

floor, Alfred A. Arraj United States Courthouse, 901 19th Street, Denver, Colorado, to address
Sun River’s compliance with this order and any other open matters. All counsel of record and
pro se parties wishing to participate in the status conference must be present in person. Counsel
for Nova and Sun River must be present in person.
Dated March 13, 2013.
BY THE COURT:
s/ Boyd N. Boland
United States Magistrate Judge

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