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)

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

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