Federal Trade Commission et al v. Dalbey et al

Filing 99

MINUTE ORDER denying without prejudice 96 Motion to Quash. Neither party shall file a contested discovery motion until after unsuccessfully conferring with the other party and receiving leave from the Court to file the motion, by Magistrate Judge Kristen L. Mix on 9/26/11.(lsw, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 11-cv-01396-RBJ-KLM
FEDERAL TRADE COMMISSION and
STATE OF COLORADO, ex rel. JOHN W. SUTHERS, ATTORNEY GENERAL,
Plaintiffs,
v.
RUSSELL T. DALBEY,
DEI, LLLP,
DALBEY EDUCATION INSTITUTE, LLC,
IPME, LLLP,
CATHERINE L. DALBEY, and
MARSHA KELLOGG,
Defendants.
_____________________________________________________________________
MINUTE ORDER
_____________________________________________________________________
ENTERED BY MAGISTRATE JUDGE KRISTEN L. MIX
This matter is before the Court on the Motion to Quash Subpoena and Continue
Responses to Plaintiffs’ Requests for Discovery of Documents [Docket No. 96; Filed
September 23, 2011] (the “Motion”), filed by Defendants Russell T. Dalbey and Catherine
L. Dalbey (the “Dalbey Defendants”). The Dalbey Defendants represent that the Motion
is opposed by Plaintiffs. Motion [#96] at 1.
Pursuant to the Order Setting Scheduling/Planning Conference [Docket No. 24], the
Motion is premature. The Order Setting Scheduling/Planning Conference [#24] 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
conference call with Magistrate Judge Mix to attempt to resolve the issue.
Both of these steps must be completed before any contested discovery
motions are filed with the Court.
Order Setting Scheduling/Planning Conference [#24] at 2 § E.1 (emphasis added).
The Dalbey Defendants have not arranged a conference call to attempt to resolve

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 conduct 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.
Dated: September 26, 2011