McClure v. Town of Center et al

Filing 48

Courtroom Minutes for Motions Hearing held on 2/21/2012 before Judge Richard P. Matsch. ORDERED: Motions 40 and 41 resolved as stated on record.(FTR: K. Terasaki) (rpmcd)

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Senior District Judge Richard P. Matsch Date: February 21, 2012 Courtroom Deputy: J. Chris Smith FTR Technician: Kathy Terasaki ____________________________________________________________________________________ Civil Action No. 11-cv-00853-RPM CHARLES W. MCCLURE, Bryan E. Kuhn Plaintiff, v. TOWN OF CENTER; and JULIO PAEZ, individually and in his official capacity as Trustee for the Town of Center; MARK GARCIA, individually, and in his official capacity as Town Clerk for the Town of Center; and SUSAN BANNING; and PEGGY MARTINEZ, Christopher J. Shannon Defendants. ____________________________________________________________________________________ COURTROOM MINUTES ____________________________________________________________________________________ Hearing on Pending Motions 11:30 a.m. Court in session. Court’s preliminary remarks. Argument by Mr. Kuhn [41] (depositions). ORDERED: Defendants’ Motion for Protective Order [41] is granted. Depositions to be taken in Alamosa, CO. ORDERED: Plaintiff’s Motion to Compel and for Sanctions [40], is denied as to requests for admissions. Statements by Mr. Shannon regarding the underlying litigation (depositions) and answers questions regarding case facts (personnel file, termination and discovery (computer)). Court instructs Mr. Shannon to ascertain and disclose information and materials as discussed on record. February 21, 2012 11-cv-00853-RPM Mr. Kuhn answers questions asked by the court regarding case facts and discovery (time records, termination, computer(s) and records). ORDERED: Information concerning plaintiff’s work computer will be ascertained and disclosed by defendants as instructed on record. Plaintiff shall seek information regarding the retirement account from the plan administrator (Invesco). Deposition transcripts from underlying litigation shall be retrieved from counsel of record in the action. Motions [40] and [41] resolved as stated on record. Discussion regarding sequence of depositions. ORDERED: Only deponents and counsel shall be present during depositions. 11:52 a.m. Court in recess. Hearing concluded. Total time: 22 min. 2

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