JTS Choice Enterprises, Inc. v. E.I. Du Pont De Nemours and Company et al

Filing 248

Courtroom Minutes for Motion Hearing held before Magistrate Judge Kathleen M. Tafoya on 5/16/2013. ORDERED: Defendants Metro Paint and Automotive Coatings' Motion to Quash Subpoena upon Marketing Associates, LLC 222 is DENIED. Sanctions are imposed against defendant Metro Paint for costs a ssociated with plaintiff's response to the motion. Within one week, plaintiff shall file a accounting of costs and attorney fees incurred, with supporting documentation for a lodestar analy sis. Within one week of receiving plaintiffs accounting, defendant Metro Paint may file any objections directed solely to the issue of reasonableness of fees. ORDERED: Regarding the email documents which were produced by Mr. Jacobsen which origina ted in a Metro Paint email server but are no longer available from the Metro Paint company records, Defendant Metro Paint is ordered to produce all communications with their client regarding preservation of documents. Metro Paint may redact informati on which does not pertain to preservation in order to protect attorney client privilege on other issues. Further, Metro Paint will obtain an affidavit from the individuals responsible for maintaining the Metro Paint servers and computers detailing all steps taken to comply with the preservation directives. Further, Metro Paint shall file an affidavit outlining in detail all efforts which were undertaken to search for documents complying with discovery requests, as stated on record. Counsel shall file the documents on or before May 30, 2013. ORDERED: Plaintiff's Motion to Re- open the Deposition of Ben Jacobsen Pursuant to Fed.R.Civ.P. 30(a)(2)(A)(ii) 212 is GRANTED. Mr. Jacobsen's continued deposition will be taken with in 30 days. Plaintiff is allowed 4.5 additional hours to depose Mr. Jacobsen. ORDERED: Unopposed Motion of Defendant E.I. Du Pont De Nemours and Company to Be Granted Additional Time to Question Mr. Jacobsen Should the Court Grant Plaintiff's Motion to Re-open the Deposition of Ben Jacobsen 235 is GRANTED. Defendant Du Pont De Nemours is allowed 1.5 additional hours to depose Mr. Jacobsen. Mr. Jacobsen should anticipate a full day for his continued deposition. ORDERED: Plaintiff 9;s request for sanction is DENIED. ORDERED: Plaintiff JTS Choice Enterprises, Inc.s Motion to Quash Defendant E.I.. Du Pont De Nemours and Companys Notice of Subpoena to Produce Documents, Information, or Objects or to Permit Inspection on Premi ses in a Civil Action Upon the Wenner Group, LLC 178 is GRANTED IN PART AND DENIED IN PART. The time limitation for documents to be produced from Wenner Group, LLC will be 2006-2012. Wenner Group, LLC will not be required to provide personal tax returns of the Schweids, as stated on record. However, complete W-2 information for both Schweid brothers and each of their wives should be provided. FTR: S. Grimm. (sgrim)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Magistrate Judge Kathleen M. Tafoya
Civil Action No:
Courtroom Deputy:

11-cv-03143-WJM-KMT
Sabrina Grimm

JTS CHOICE ENTERPRISES, INC.,

Date: May 16, 2013
FTR: Courtroom C-201
Lauren Elizabeth Mosse
Theodore Wells Rosen

Plaintiff,
v.
E.I. DU PONT DE NEMOURS AND
COMPANY,
METRO PAINT SUPPLIES, INC., and
AUTOMOTIVE COATINGS & EQUIPMENT,
LLC,

David M. Stauss
David Kay
Neil Arney

Defendants.

COURTROOM MINUTES

1:31 p.m.

Court in session.

Court calls case. Appearances of counsel.
Plaintiff’s client representative, Joe Schweid, is also present.
Discussion regarding defendants Metro Paint and Automotive Coatings’ Motion to Quash
Subpoena upon Marketing Associates, LLC [222].
1:35 p.m.

Argument by Mr. Kay.

ORDERED: Defendants Metro Paint and Automotive Coatings’ Motion to Quash
Subpoena upon Marketing Associates, LLC [222] is DENIED. Sanctions are
imposed against defendant Metro Paint for costs associated with plaintiff’s
response to the motion. Within one week, plaintiff shall file a accounting of
costs and attorney fees incurred, with supporting documentation for a
lodestar analysis. Within one week of receiving plaintiff’s accounting,
defendant Metro Paint may file any objections directed solely to the issue of
reasonableness of fees.
Discussion regarding Ben Jacobsen’s deposition.

1:41 p.m.

Argument by Mr. Arney.

ORDERED: Regarding the email documents which were produced by Mr. Jacobsen
which originated in a Metro Paint email server but are no longer available
from the Metro Paint company records, Defendant Metro Paint is ordered to
produce all communications with their client regarding preservation of
documents. Metro Paint may redact information which does not pertain to
preservation in order to protect attorney client privilege on other issues.
Further, Metro Paint will obtain an affidavit from the individuals
responsible for maintaining the Metro Paint servers and computers detailing
all steps taken to comply with the preservation directives. Further, Metro
Paint shall file an affidavit outlining in detail all efforts which were
undertaken to search for documents complying with discovery requests, as
stated on record. Counsel shall file the documents on or before May 30,
2013.
Discussion regarding Ben Jacobson and potential conflict with respect to client representation.
1:50 p.m.

Argument by Mr. Rosen.

1:57 p.m.

Rebuttal argument by Mr. Arney

Discussion regarding Mr. Rower, production of employment contract, and company property.
ORDERED: Plaintiff’s Motion to Re-open the Deposition of Ben Jacobsen Pursuant to
Fed.R.Civ.P. 30(a)(2)(A)(ii) [212] is GRANTED. Mr. Jacobsen’s continued
deposition will be taken within 30 days. Plaintiff is allowed 4.5 additional
hours to depose Mr. Jacobsen.
ORDERED: Unopposed Motion of Defendant E.I. Du Pont De Nemours and Company to
Be Granted Additional Time to Question Mr. Jacobsen Should the Court
Grant Plaintiff's Motion to Re-open the Deposition of Ben Jacobsen [235] is
GRANTED. Defendant Du Pont De Nemours is allowed 1.5 additional hours
to depose Mr. Jacobsen. Mr. Jacobsen should anticipate a full day for his
continued deposition.
Discussion regarding sanctions associated with Plaintiff’s Motion to Re-open the Deposition of
Ben Jacobsen Pursuant to Fed.R.Civ.P. 30(a)(2)(A)(ii) [212]. Plaintiff is seeking fees and costs
against defendant Metro Paint.
2:12 p.m.

Argument by Mr. Rosen.

2:13 p.m.

Argument by Mr. Arney.
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2:16 p.m.

Rebuttal argument by Mr. Rosen.

2:18 p.m.

Further argument by Mr. Arney.

ORDERED: Plaintiff’s request for sanction is DENIED.
Discussion regarding reimbursement of costs incurred with document reproduction, whether
documents turned over pursuant to subpoenas should start from 2006 or 2007, and tax returns
with respect to Steven and Joe Schweid.
2:32 p.m.

Argument by Mr. Rosen.

2:37 p.m.

Argument by Mr. Stauss.

2:38 p.m.

Rebuttal argument by Mr. Rosen.

Discussion regarding tax returns and damages. Plaintiff agrees that the damages it seeks are lost
profits of JTS, not lost income for the Schweid brothers and their spouses.
2:43 p.m.

Argument by Mr. Stauss.

2:51 p.m.

Argument by Mr. Rosen.

2:57 p.m.

Rebuttal argument by Mr. Stauss.

ORDERED: Plaintiff JTS Choice Enterprises, Inc.’s Motion to Quash Defendant E.I.. Du
Pont De Nemours and Company’s Notice of Subpoena to Produce
Documents, Information, or Objects or to Permit Inspection on Premises in a
Civil Action Upon the Wenner Group, LLC [178] is GRANTED IN PART
AND DENIED IN PART. The time limitation for documents to be produced
from Wenner Group, LLC will be 2006-2012. Wenner Group, LLC will not
be required to provide personal tax returns of the Schweids, as stated on
record. However, complete W-2 information for both Schweid brothers and
each of their wives should be provided.
3:05 p.m.

Court in recess.

Hearing concluded.
Total in-court time 01:34
*To obtain a transcript of this proceeding, please contact Avery Woods Reporting at [phone].

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