Timothy John Kennedy v. Mark Finely, et al

Filing 60

MINUTE ENTRY for Motion Hearing held on 10/26/2011 before Magistrate Judge Kathleen M. Tafoya, granting 44 Motion for Protective Order and granting 25 Motion to Stay. (FTR: Nick Richards) (kmtcd)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Magistrate Judge Kathleen M. Tafoya
Civil Action No. 11-cv-00967-REB-KMT

FTR - Courtroom C-201

Date: October 26, 2011

Deputy Clerk, Nick Richards

TIMOTHY JOHN KENNEDY,

Brice A. Tondre

Plaintiff,
v.
MARK A. FINLEY,
ERNEST ROGER PEELE,
SHERIFF JOHN WESLEY ANDERSON,
EL PASO COUNTY SHERIFF’S OFFICE, and
UNITED STATES OF AMERICA,

Amy R. Folsom (by phone)
Diana Kay May (by phone)
Amy L. Padden

Defendants.

COURTROOM MINUTES / MINUTE ORDER
MOTION HEARING
Court in session: 10:04 a.m.
Court calls case. Appearances of counsel. Defendant Ernest Roger Peele is present
with Ms. Padden.
Motion Hearing called regarding Defendant’s Motion to Stay Discovery [Doc. No. 25,
filed September 2, 2011] and Federal Defendants’ Motion for Protective Order [Doc. No.
44, filed October 5, 2011].
Discussion of Motion to Stay with regards to the federal defendants.
It is ORDERED:

Defendant’s Motion to Stay Discovery [25] is GRANTED.
Discovery is stayed as to defendants Peele and the United States
of America until ruling from District Judge Robert E. Blackburn on
Motion to Dismiss by Defendant Peele [Doc. No. 34, filed
September 13, 2011] and Motion to Dismiss by Defendant United
States of America [Doc. No. 35, filed September 13, 2011]. Should
the case survive, the stay will be automatically lifted the day the
Orders on Motion to Dismiss [34] and Motion to Dismiss [35] are
issued.

Counsel for defendant’s Peele and the United States of America
may attend depositions noticed by plaintiff’s counsel.
It is ORDERED:

Federal Defendants’ Motion for Protective Order [44] is GRANTED.
Should the case survive as to the federal defendants subsequent to
District Judge Robert E. Blackburn’s rulings on Motion to Dismiss
[34] and Motion to Dismiss [35], the United States is directed to file
its supplements to initial disclosures and produce any outstanding
discovery within 10 days of those rulings.

It is ORDERED:

Defense counsel shall check on the litigation hold placed on
documents in question to ensure documents are not destroyed.

Court in Recess: 10:29 a.m.
Hearing concluded.
Total In-Court Time 00:25
*To obtain a transcript of this proceeding, please contact Avery Woods Reporting at [phone].

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