Donaca v. Dish Network, L.L.C.

Filing 75

MINUTE ENTRY for Telephonic Discovery Hearing held before Judge R. Brooke Jackson on 10/23/2012.Granting 53 Motion for Reconsideration; Denying 54 Motion for Partial Summary Judgment; Denying as moot 61 Motion to Stay; Granting in part and denying in part 65 Motion to Compel; Denying 67 Motion to Quash. Court Reporter: Kara Spitler. (lag)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
JUDGE R. BROOKE JACKSON
Civil Action: 11-cv-02910-RBJ
Date: October 23, 2012

Court Reporter: Kara Spitler
Courtroom Deputy: Laura Galera

Parties:

Counsel:

MATTHEW DONACA,

John Barrett

Plaintiff,

v.
DISH NETWORK, L.L.C.,

Eric Zalud
Benjamin Kern

Defendant.

COURTROOM MINUTES
HEARING: TELEPHONIC DISCOVERY CONFERENCE
Court in session:

10:04 a.m.

Court calls case. Appearances of counsel.
Parties address the Court regarding the status of the Sixth Circuit case.
Discussion regarding staying the case or staying the resolution of Defendant Dish Network
L.L.C.’s Motion for Partial Summary Judgment as to Plaintiff’s Claims Under 47 U.S.C. §
227(b)(1)(B) [54].
Argument as to Defendant’s Motion for Clarification and/or Partial Reconsideration of the Order
Regarding Plaintiff’s Oral Motion to Compel #[53] and Plaintiff’s Second Motion to Compel
Discovery #[65].
For the reasons stated on the record it is:
ORDERED: Defendant’s Motion for Clarification and/or Partial Reconsideration of the Order

Regarding Plaintiff’s Oral Motion to Compel #[53] is GRANTED.
ORDERED: Defendant Dish Network L.L.C.’s Motion for Partial Summary Judgment as to
Plaintiff’s Claims Under 47 U.S.C. § 227(b)(1)(B) [54] is DENIED. In the event
the FCC or the Sixth Circuit construes the statute in a manner that favors the
defendant’s interpretation, the Court will permit the defendant to re-file the
motion.
ORDERED: Defendant’s Motion to Stay Discovery Relative to Plaintiff’s Claims Made Under
47 U.S.C. § 227(b) Pending Ruling on Motion for Partial Summary Judgment
#[61] is DENIED AS MOOT.
ORDERED: Plaintiff’s Second Motion to Compel Discovery #[65] is GRANTED IN PART
AND DENIED IN PART. With respect to Category A, the Court orders that any
documents that are withheld from production on the grounds of attorney/client
privilege or the protection of work product be disclosed on a privilege log. With
respect to Category B, the motion is denied. With respect to Category C, the
motion is denied. Documents with redactions and its original may be submitted
to the Court in camera. The Court will review the documents to review what has
been redacted and decide whether it was before January 1, 2005. With respect to
Category D, the motion is granted. With respect to Categories E, F, G and H, the
motion is denied as moot.
ORDERED: Defendant’s Motion to Quash Subpoena Served Upon the United States
Department of Justice #[67] is DENIED.
Counsel may not file any OPPOSED discovery motions without leave of court. Counsel are
instructed that should a discovery dispute arise they are to comply with Local Rule 7.1A. in an
effort to resolve the issues. If that is unsuccessful, counsel shall establish a conference call
adding Judge Jackson as the last connection. The Court will hear arguments and attempt to
mediate a resolution.
Hearing concluded.
Court in recess:
Total time in court:

10:58 a.m.
00:54