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

Filing 345

COURTROOM MINUTES for Motion Hearing held on 7/17/2013 before Magistrate Judge Kathleen M. Tafoya. ORDERED: Motion to Restrict Exhibits 2 and 3 to Plaintiffs Response to Motion to Reconsider the May 9 Order and to Restrict Exhibits Attached in Do cument Number 212 (Dkt No. 260) 288 is DENIED, for reasons stated on record. Exhibits 2 and 3 should no longer be held as restricted documents. The Clerk is directed to UNRESTRICT document number 260 . Motion to Restrict Plaintiff's Respo nse to Defendant E. I. Du Pont De Nemours and Company's Motion in Support of its Confidential and Highly Confidential Document Designations (Dkt No. 319) 329 is DENIED, for reasons stated on record. The Clerk is directed to UNRESTRICT document number 319 . Unopposed Motion of E. I. Du Pont De Nemours and Company to Restrict Dupont's Response to Plaintiff's/Counterclaim Defendant's Motions to Re-open the Depositions of Mark Wagner, John McLaughlin, and to Take a Second 30 (B)(6) Deposition of Dupont and Certain Exhibits to Same 332 is GRANTED, for reasons stated on record. Exhibits K, L, M, N, P, Q, R, and S, attached to document number 324 , will continue to be held under Restriction Level 1. Defendant E.I. Du Po nt De Nemours and Company's Motion in Support of its Confidential and Highly Confidential Document Designations 299 is GRANTED IN PART. Plaintiff's/Counterclaim Defendant's Motion to Take The Deposition of Defendant/Counterclaim Plaintiff E. I. Du Pont De Nemours and Company on its Counterclaim Pursuant to Fed.R.Civ.P. 30(a)(2)(A) (ii) 277 is GRANTED. Plaintiff/Counterclaim Defendant's Motion to Re-Open the Deposition of Mark Wagner Pursuant to Fed.R.Civ.P. 30(a)(2 )(A)(ii) 278 is GRANTED. Plaintiff/Counterclaim Defendant's Motion to Re-Open the Deposition of John McLaughlin Pursuant to Fed.R.Civ.P. 30(a)(2)(A)(ii) 279 is GRANTED. Plaintiff's/Counterclaim Defendant's Motion to Compel the Availability of Counterclaim Deponents in Colorado 328 is GRANTED IN PART AND DENIED IN PART. All depositions allowed pursuant to this Order shall be taken on or before September 13, 2013. The dispositive motion deadline with respect to Du Pont 's counterclaims is September 30, 2013. The Final Pretrial Conference set for September 17, 2013 at 9:15 a.m. is VACATED. A Telephonic Final Pretrial Conference as to all matters in the case will be held on November 21, 2013 at 10:00 a.m. Th e parties shall initiate a conference call and contact chambers at [phone] at the time of the Final Pretrial Conference. A Final Pretrial Order shall be prepared by the parties and submitted to the court no later than seven (7) days before the final pretrial conference. 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: July 17, 2013
FTR: Courtroom C-201
Lauren Mosse

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

David Stauss
Meshach Rhoades

Defendants.

COURTROOM MINUTES

1:32 p.m.

Court in session.

Court calls case. Appearances of counsel.
Plaintiff’s client representative, Joe Schweid, is also present.
Discussion regarding pending motions with respect to restrictions.
ORDERED: Motion to Restrict Exhibits 2 and 3 to Plaintiff’s Response to Motion to
Reconsider the May 9 Order and to Restrict Exhibits Attached in Document
Number 212 (Dkt No. 260) [288] is DENIED, for reasons stated on record.
Exhibits 2 and 3 should no longer be held as restricted documents. The
Clerk is directed to UNRESTRICT document number [260].
ORDERED: Motion to Restrict Plaintiff’s Response to Defendant E. I. Du Pont De
Nemours and Company’s Motion in Support of its Confidential and Highly
Confidential Document Designations (Dkt No. 319) [329] is DENIED, for
reasons stated on record. The Clerk is directed to UNRESTRICT document
number [319].

ORDERED: Unopposed Motion of E. I. Du Pont De Nemours and Company to Restrict
Dupont's Response to Plaintiff's/Counterclaim Defendant's Motions to
Re-open the Depositions of Mark Wagner, John McLaughlin, and to Take a
Second 30(B)(6) Deposition of Dupont and Certain Exhibits to Same [332] is
GRANTED, for reasons stated on record. Exhibits K, L, M, N, P, Q, R, and
S, attached to document number [324], will continue to be held under
Restriction Level 1.
Discussion regarding pending motion on confidentiality of documents, designations, and
provisions of protective order.
ORDERED: Defendant E.I. Du Pont De Nemours and Company’s Motion in Support of
its Confidential and Highly Confidential Document Designations [299] is
GRANTED IN PART. Defendant E.I. Du Pont De Nemours has withdrawn
the confidentiality designation from eight of the nine documents addressed
by Plaintiff JTS. The Court finds the confidentiality designation to the
remaining document is inappropriate. With the exception of these nine
documents, the remaining documents will remain confidential as marked by
Du Pont.
Discussion regarding pending motions referencing counterclaim issues, dates for future hearings,
bifurcation, counterclaim discovery, video deposition, and location of deposition.
ORDERED: Plaintiff’s/Counterclaim Defendant’s Motion to Take The Deposition of
Defendant/Counterclaim Plaintiff E. I. Du Pont De Nemours and Company
on its Counterclaim Pursuant to Fed.R.Civ.P. 30(a)(2)(A)(ii) [277] is
GRANTED.
ORDERED: Plaintiff/Counterclaim Defendant’s Motion to Re-Open the Deposition of
Mark Wagner Pursuant to Fed.R.Civ.P. 30(a)(2)(A)(ii) [278] is GRANTED.
Plaintiff/Counterclaim Defendant’s Motion to Re-Open the Deposition of
John McLaughlin Pursuant to Fed.R.Civ.P. 30(a)(2)(A)(ii) [279] is
GRANTED. Counterclaim Defendant JTS may re-open the depositions of
Mark Wagner and John McLaughlin for the purposes of inquiry into the
counterclaims. Mr. Wagner’s deposition shall be limited to 3 hours and 49
minutes and Mr. McLaughlin’s deposition shall be limited to 4 hours and 40
minutes. The depositions shall also be taken in Delaware. Counterclaim
Plaintiff E.I. Du Pont De Nemours is entitled to one or more Rule 30(b)(6)
deposition, limited to 7 hours of testimony even if multiple designees are
deposed.
Discussion regarding summary judgment, bifurcation of summary judgment, bifurcation of
dispositive motion deadline, and amending the protective order.

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ORDERED: Plaintiff’s/Counterclaim Defendant’s Motion to Compel the Availability of
Counterclaim Deponents in Colorado [328] is GRANTED IN PART AND
DENIED IN PART. The motion is granted as to the 30(b)(6) witness, except
to the extent Du Pont designates Mr. Wagner and/or Mr. McLaughlin as a
30(b)(6) witness. To the extent they are so designated, their depositions will
be taken in Delaware in conjunction with continued depositions ordered
herein to save the parties travel costs.
ORDERED: All depositions allowed pursuant to this Order shall be taken on or before
September 13, 2013.
ORDERED: The dispositive motion deadline with respect to Du Pont’s counterclaims is
September 30, 2013.
ORDERED: The Final Pretrial Conference set for September 17, 2013 at 9:15 a.m. is
VACATED. A Telephonic Final Pretrial Conference as to all matters in the
case will be held on November 21, 2013 at 10:00 a.m. The parties shall
initiate a conference call and contact chambers at [phone] at the time
of the Final Pretrial Conference. A Final Pretrial Order shall be prepared
by the parties and submitted to the court no later than seven (7) days before
the final pretrial conference.
3:08 p.m.

Court in recess.

Hearing concluded.
Total in-court time 01:36
*To obtain a transcript of this proceeding, please contact Avery Woods Reporting at [phone].

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