Wright v. Twin City Fire Insurance Company, et al.

Filing 146

MINUTE ENTRY for Motion Hearing held before Magistrate Judge Kristen L. Mix on 4/18/2014. The 128 Motion for Sanctions is GRANTED IN PART AND HELD IN ABEYANCE IN PART. FTR: KLM Courtroom C204. (lgale)

Download PDF
IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Magistrate Judge Kristen L. Mix Civil Action No.: 11-cv-03181-WJM-KLM Date: April 18, 2014 PATRICIA WRIGHT FTR - Reporter Deck - Courtroom C-204 Byron G. Rogers United States Courthouse Courtroom Deputy, Laura Galera John F. Taussig, III Scott Smith Plaintiff, v. TWIN CITY FIRE INSURANCE COMPANY, and THE WARRANTY GROUP, L.L.C., Kenneth E. Stalzer Michael Alper Defendants. COURTROOM MINUTES / MINUTE ORDER HEARING: MOTION HEARING Court in session: 9:35 a.m. Appearance of counsel. Argument by counsel for the plaintiff and defendants as to Defendants’ Rule 37(d) Motion for Sanctions Because of Plaintiff’s Repeated Failures to Appear for Her Deposition #[128]. For the reasons as stated on the record it is: ORDERED: The Motion is GRANTED in part and HELD IN ABEYANCE in part. The Court imposes sanctions as follows: Pursuant to Fed. R. Civ. P. 37(d), Plaintiff and Plaintiff’s counsel are jointly and severally liable for the amount of Defendants’ attorneys’ fees and costs incurred by Defendants in the three prior attempts to take the Plaintiff’s deposition, as well as the fees and costs incurred by Defendants in pursuing the Motion for Sanctions. Defense counsel shall file an Affidavit of Costs and Attorneys’ Fees no later than May 2, 2014. Plaintiff may file a response within 10 days of the filing of the affidavit. No reply will be permitted. ORDERED: The deposition of the Plaintiff shall occur prior to the discovery deadline of June 3, 2014, on a date and at a time and location designated by Defendants through their counsel. Plaintiff is ordered to cooperate fully with the taking of her deposition. If Plaintiff is unwilling or unable to appear for her deposition on the date and time and at the location designated by Defendants, then Plaintiff must seek a protective order. If no Motion for Protective Order is made and Plaintiff fails to appear for her deposition, Defendants may seek additional sanctions by filing a written motion. Hearing concluded. Court in recess: Total Time: 10:22 a.m. 00:47 Page 2 of 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?