Pelletier v. USA

Filing 86

MINUTE ENTRY for proceedings held before Magistrate Judge Craig B. Shaffer: Telephonic Status Conference held on 5/15/2012. For reasons as stated on the record, the court DENIES as unnecessary and untimely according to Rule 15(a) plaintiff's [ 81] Motion for Leave. The court instructs the plaintiff to make any further points of clarification in his response to the motion to dismiss. For reasons as stated on the record, the court DENIES without prejudice the plaintiff's 76 Motion for Discovery. The court will need to review the briefing on the motion to dismiss first before a ruling can be made. The court needs to know what claims and theories the plaintiff will be moving forward. The issue of discovery will be taken up at a more appropriate time. (FTR: Robin Mason) (cbscd, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Magistrate Judge Craig B. Shaffer
Civil Action No.: 11-cv-01377-WJM-CBS
Date: May 15, 2012

FTR - Reporter Deck - Courtroom A402
Courtroom Deputy: Robin Mason

Parties:

Counsel:

GLEN PELLETIER, et al.,

Christopher Jonathan Pooley

Plaintiffs,

v.
THE UNITED STATES OF AMERICA, et
al.,

Glenn Matthew Girdharry

Defendants.

COURTROOM MINUTES/MINUTE ORDER
HEARING: TELEPHONIC STATUS CONFERENCE
Court in Session:
9:54 a.m.
Court calls case. Appearances of counsel.
The court addresses the parties regarding plaintiff’s MOTION for Discovery (Docket No. 76,
filed on 4/27/2012), plaintiff’s MOTION for Leave to file corrected #75 Amended Complaint
(Docket No. 81, filed on 5/2/2012), defendant’s RESPONSE to #81 MOTION for Leave to file
corrected #75 Amended Complaint (Docket no. 85, filed on 5/14/2012), and defendant’s
MOTION to Strike #75 Amended Complaint, under Fed. R. Civ. P. 8(a), MOTION to Dismiss
Amended Complaint under Fed. R. Civ. P. 12(b)(1) and 12(b)(6) (Docket No. 84, filed on
5/11/2012). The court further addresses the parties regarding how to move this case forward.
Discussion between the court and Mr. Pooley regarding how plaintiff’s MOTION for Leave to
file corrected #75 Amended Complaint (Docket No. 81, filed on 5/2/2012) differs from
plaintiff’s AMENDED COMPLAINT against All Defendants (Docket No. 75, filed on
4/27/2012). Mr. Pooley advises the court that the amended complaint was filed to correct typos
and make clarifications; nothing substantive was changed.

Discussion between the court and Mr. Pooley regarding Rule 8 and the issues the court has with
paragraphs from the original complaint (Docket No. 75, filed on 4/27/2012). The issues outlined
included paragraph 156, paragraph158, paragraph 160, and paragraph 161.
ORDERED: For reasons as stated on the record, the court DENIES as unnecessary and
untimely according to Rule 15(a) plaintiff’s MOTION for Leave to file corrected
#75 Amended Complaint (Docket No. 81, filed on 5/2/2012). The court instructs
the plaintiff to make any further points of clarification in his response to the
motion to dismiss.
ORDERED: For reasons as stated on the record, the court DENIES without prejudice the
plaintiff’s MOTION for Discovery (Docket No. 76, filed on 4/27/2012). The
court will need to review the briefing on the motion to dismiss first before a
ruling can be made. The court needs to know what claims and theories the
plaintiff will be moving forward. The issue of discovery will be taken up at a
more appropriate time.
Discussion between the court and Mr. Pooley regarding the amount of time he has left to file his
response to the defendant’s MOTION to Strike 75 Amended Complaint, under Fed. R. Civ. P.
8(a), MOTION to Dismiss Amended Complaint under Fed. R. Civ. P. 12(b)(1) and 12(b)(6)
(Docket No. 84, filed on 5/11/2012).
Mr. Girdharry addresses the court regarding the setting of a further Scheduling Conference. The
court advises the parties that there is no need, at this time, to set any hearings or deadlines until
the Rule 12 issue have been figured out.
HEARING CONCLUDED.
Court in recess:
Total time in court:

10:14 a.m.
00:20

To order transcripts of hearings with Magistrate Judge Shaffer, please contact Avery Woods Reporting at
[phone] or toll free at 1-800-962-3345.