Touchstone Group, LLC v. Rink et al

Filing 187

ORDER re: 185 Joint Status Report. Plaintiff's Motion for Class Certification and supporting expert reports will be due on December 20, 2013. Defendants' Responses to Plaintiff's Motion for Class Certification and supporting expert reports will be due on January 21, 2014. Plaintiffs' Reply and rebuttal expert reports will be due on February 21, 2014. All other deadlines remain as previously set, by Magistrate Judge Kathleen M. Tafoya on 10/21/13. (sgrim)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Magistrate Judge Kathleen M. Tafoya
Civil Action No. 11BcvB02971BWYDBKMT

TOUCHSTONE GROUP, LLC on behalf of itself and all others similarly situated,
Plaintiff,
v.
DANIEL J. RINK,
TATUM LLC,
CHRISTOPHER FLANNERY,
ASTOR, WEISS, KAPLAN & MANDEL LLP,
ESTILL & LONG, LLC,
CARBON DIVERSION, INC.,
TRACS GROWTH INVESTMENT, and
JOHN DOES 1-100,
Defendants.

ORDER

This matter is before the court on the parties’ “Joint Status Report” [Doc. No. 185] filed
October 18, 2013. It appears that several discovery issues require scheduling by this court.
It is therefore ORDERED:
1.

Plaintiff Touchstone Group, LLC, Defendant Daniel J. Rink and Defendant Tatum

LLC owe one another previously promised electronically stored information (“ESI”). All ESI
owed by Plaintiff, Tatum and Rink, each to the other, will be produced in full on or before
November 20, 2013.

2.

Deadlines for class certification briefing are extended as follows.
Plaintiff’s Motion for Class Certification and supporting expert reports will be due
on December 20, 2013.
Defendants’ Responses to Plaintiff’s Motion for Class Certification and supporting
expert reports will be due on January 21, 2014.
Plaintiffs’ Reply and rebuttal expert reports will be due on February 21, 2014.

3.

The parties shall meet and confer concerning all outstanding discovery disputes on

or before November 4, 2013. To the extent there remain outstanding discovery disputes after the
conferral process, the following procedure will be followed:
Counsel involved in the specifically disputed discovery will agree on a
mutually convenient time to call the Court to set a forthwith informal
discovery conference regarding disputed issues about which they have
fully conferred but failed to reach agreement. Call 303-335-2780. No
attorney may insist on contacting the Court for the informal discovery
conference at a time when another attorney is not available. If an attorney is
not available for a conference call to the Court to set the discovery
conference when contacted by opposing counsel, s/he must provide
opposing counsel with alternate dates and times to contact the Court.
At the agreed upon time, the parties shall place a conference call to
chambers and be prepared to concisely state the general disputed issues for
the benefit of the law clerk answering the telephone. The law clerk will set
the matter for an informal discovery conference either the same day or as
soon thereafter as possible. The Court requires only one attorney of record
on the line for each party involved in the dispute.
At the date and time scheduled for the informal discovery conference, the
parties shall place a conference call to the same court telephone number
where they will thereafter be transferred to the courtroom to begin the
conference with the court. Parties should be prepared to describe the
general unresolved issues and the court may offer suggestions and
interpretations intended to help the parties resolve the issues between them
with the benefit of the court’s guidance and insight. If the complexity of
the issues so demands, the court may order the parties to submit briefing
and a full contested discovery hearing may be scheduled at a later date.
4.

To the extent the parties remain unable to resolve the discovery dispute after the

informal conference and in the event the court has not ordered further briefing, either party may

proceed by appropriate motion which shall include a request for an expedited briefing schedule
and hearing.
5.

All other deadlines remain as previously set.

Dated this 21st day of October, 2013.