Reyes v. Snowcap Creamery, Inc. et al

Filing 27

MINUTE ENTRY for proceedings held before Magistrate Judge Kathleen M. Tafoya: Motion Hearing held on 8/8/2012, granting in part and denying in part 21 Motion to Compel. Discovery, for purposes of compliance with the issues discussed during this hearing only, due by 9/21/2012. Dispositive Motions due by 10/22/2012. Final Pretrial Conference set for 12/18/2012 09:45 AM in Courtroom C201 before Magistrate Judge Kathleen M. Tafoya. FTR: Courtroom C-201. (kmtcd)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Magistrate Judge Kathleen M. Tafoya
Civil Action No. 11-cv-02755-WJM-KMT

FTR - Courtroom C-201

Date: August 7, 2012

Deputy Clerk, Nick Richards

JONATHAN REYES,

Skye K. Myers

Plaintiff,
v.
SNOWCAP CREAMERY, INC.,
EMILY ARNOLD, and
ROBERT ARNOLD,

Joel C. Maguire

Defendants.
COURTROOM MINUTES / MINUTE ORDER
MOTION HEARING
Court in session: 1:30 p.m.
Court calls case. Appearances of counsel.
Motion Hearing called regarding Defendants’ Motion to Compel Discovery [Doc. No. 21,
filed June 25, 2012].
Oral argument from defendant.
Oral argument from plaintiff.
It is ORDERED:

Defendants’ Motion to Compel Discovery [21] is GRANTED IN
PART AND DENIED IN PART.
The motion is GRANTED IN PART AND DENIED IN PART as to
Request for Production No. 1. The motion is DENIED as to Request
for Production 1, subpart a.
The motion is GRANTED as to Request for Production Nos. 1,
subparts b and c. Attorney Emily Cohen, as a licensed attorney and
an officer of this court, is ORDERED to produce a copy of the entire
file pertaining to the immigration matter of plaintiff Jonathan Reyes
to Mr. Reyes in care of his attorney, Skye K. Myers. Mr. Reyes has
a right to the file and no otherwise privileged documents between

he and Ms. Cohen may be withheld, since that privilege belongs to
Mr. Reyes. This court finds and hold, without objection from
Defendants, that otherwise privileged documents produced
pursuant to this Order, will not lose their privileged character by
being received by Mr. Reyes’ attorney, Skye K. Myers. Mr. Myers
and Mr Reyes have a right to determine each document’s
relevancy, if any, as to this matter. The file must be sent to Mr.
Reyes pursuant to this order, through Mr. Myers, without regard to
whether any party or non-party asserts copies of the entire file have
been produced in the past. Ms. Cohen shall to produce the
documents to Mr. Myers on or before August 24, 2012. Should
Ms. Cohen wish to object to this order, Ms. Cohen must do so
on or before August 14, 2012. Ms. Cohen create a list identifying
each document contained in the file and produced pursuant to this
Order in a format similar to identification of documents in a privilege
log. Upon production of the documents, Ms. Cohen shall file the list
of the documents with the court as a Notice of Compliance with this
Order. A copy of these minutes will be sent to Attorney Emily
Cohen.
Any documents provided to Ms. Cohen by Mr. Reyes, whether or
not contained in Ms. Cohen’s files, must be produced by Mr. Reyes
to the Defendants.
Request for Production No. 1, subparts d and e are GRANTED with
respect to the time period from January of 2009 to present.
As to Request for Production Nos. 5 and 6, the motion is DENIED.
It is ORDERED:

Discovery cut-off, for purposes of compliance with the issues
discussed during this hearing ONLY, is extended to September 21,
2012. The dispositive motion deadline of August 26, 2012 and the
Final Pretrial Conference currently set for September 20, 2012 at
10:00 a.m. in Courtroom C-201 before Magistrate Judge Kathleen
M. Tafoya are VACATED and set to the following dates and times:
Dispositive Motion deadline: October 22, 2012
Final Pretrial Conference: December 18, 2012 at 9:45 a.m.

Court in Recess: 2:51 p.m.
Hearing concluded.
Total In-Court Time 01:21
*To obtain a transcript of this proceeding, please contact Avery Woods Reporting at [phone].

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