Entek GRB, LLC v. Stull Ranches, LLC

Filing 95

MINUTE ORDER denying without prejudice 83 Plaintiff's Motion for Protective Order. By Magistrate Judge Kristen L. Mix on 12/9/11.(mnfsl, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 11-cv-01557-PAB-KLM
ENTEK GRB LLC,
Plaintiff,
v.
STULL RANCHES, LLC,
Defendant.
_____________________________________________________________________
MINUTE ORDER
_____________________________________________________________________
ENTERED BY MAGISTRATE JUDGE KRISTEN L. MIX
This matter is before the Court on Plaintiff’s Motion for Protective Order [Docket
No. 83; Filed October 11, 2011] (the “Motion”). Pursuant to the Scheduling Order [#42]
governing this case, the Motion is premature. See Sched. Order [#42] at 14 (instructing the
parties to pursue a protective order pursuant to the undersigned’s discovery procedures);
Id. at 15-16 (stating the discovery procedures). As explained in the Scheduling Order,
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
telephone hearing with Magistrate Judge Mix regarding the issue. Both of
these steps must be completed before any contested discovery
motions are filed with the Court.
Sched. Order [#42] at 15-16 (emphasis added).
Plaintiff has not arranged a conference call to set a hearing to resolve the instant
discovery dispute. Accordingly,
IT IS HEREBY ORDERED that the Motion is DENIED WITHOUT PREJUDICE. The
deadline for either 1) the filing of a proposed stipulated protective order that is agreed to
by the parties for the Court’s review, or 2) compliance with the above-stated discovery
procedures as related to the dispute at issue is December 28, 2011.

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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 inquire about setting 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: December 9, 2011

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