Bituminous Casualty Corporation v. Hartford Casualty Insurance Company

Filing 204

MINUTE ORDER IT IS HEREBY ORDERED that Defendants Motion 202 is GRANTED in part and DENIED in part; IT IS FURTHER ORDERED that the Final Pretrial Conference set for July 22, 2014 at 10:00 a.m. is VACATED and RESET. Final Pretrial Conference RESET for 10/9/2014 10:00 AM in Courtroom C204 before Magistrate Judge Kristen L. Mix. IT IS FURTHER ORDERED that the proposed pretrial order shall be submitted on or before October 2, 2014. IT IS FURTHER ORDERED that Plaintiffs Motion 199 is DENIED as moot, by Magistrate Judge Kristen L. Mix on 6/30/2014.(evana, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 12-cv-00043-WYD-KLM
BITUMINOUS CASUALTY CORPORATION, an Illinois corporation,
Plaintiff,
v.
HARTFORD CASUALTY INSURANCE COMPANY,
Defendant.
_____________________________________________________________________
MINUTE ORDER
______________________________________________________________________
ENTERED BY MAGISTRATE JUDGE KRISTEN L. MIX
This matter is before the Court on Plaintiff’s Renewed Motion for Protective Order
Regarding Fed.R.Civ.P. 30(b)(6) Deposition of Plaintiff [#199]1 (“Plaintiff’s Motion”) and
Defendant Hartford Casualty Insurance Company’s Motion to Compel Plaintiff
Bituminous Casualty Corporation to Appear for Its July 2, 2014 Deposition, or in the
Alternative, Agreed Motion to Amend Scheduling Order to Reschedule the Final
Pretrial Conference and to Reschedule Plaintiff’s Deposition [#202] (“Defendant’s
Motion”).
On February 25, 2014, the Court held a telephonic hearing at which the Court
ordered the parties to submit briefs regarding Plaintiff’s Motion for a Protective Order
regarding Rule 30(b)(6) deposition. See Courtroom Minutes/Minute Order [#158] at 1.
Thereafter, the Court extended the deadline for taking the Fed. R .Civ. P. 30(b)(6)
deposition of Plaintiff outside of the Discovery Deadline [##146, 163, 183, 197]. The most
recent Minute Order regarding the Fed. R. Civ. P. 30(b)(6) deposition of Plaintiff made clear
that the deposition of Plaintiff on July 2, 2014 was “subject to the Court’s order on Plaintiff’s
Motion for Protective Order.” Minute Order [#197] at 1. The Court has not ruled on
Plaintiff’s Motion for a Protective Order.
In Plaintiff’s Motion, Plaintiff renews its Motion for a Protective Order “out of an
abundance of caution . . . because [Defendant] has advised [Plaintiff] of its intent to

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“[#199]” is an example of the convention I use to identify the docket number assigned to
a specific paper by the Court’s case management and electronic case filing system (CM/ECF). I
use this convention throughout this Minute Order.

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proceed with Plaintiff’s 30(b)(6) deposition notwithstanding Plaintiff’s Motion for Protective
Order and D.C.COLO.LcivR 30.2 . . . .” Plaintiff’s Motion [#199] at 3. Defendant’s Motion
seeks to compel the Fed. R. Civ. P. deposition of Plaintiff or, in the alternative, to amend
the Scheduling Order to reschedule the Final Pretrial Conference and the Rule 30(b)(6)
deposition of Plaintiff so that Defendant is not “prejudiced as a result of [Plaintiff’s]
representation that it will not appear at the July 2, 2014 deposition based on its pending
Motion for a Protective Order”. Defendant’s Motion [#202] at 2-3.
Pursuant to D.C.COLO.LCivR 30.2, “[p]ending resolution of a motion or request for
relief under Fed. R. Civ. P. 26(c) or 30(d), the discovery to which the motion or request is
directed shall be stayed unless otherwise ordered.” Here, the Motion for a Protective Order
triggered a stay of the Fed. R. Civ. P. 30(b)(6) deposition of Plaintiff. Therefore, until the
Motion for Protective Order is resolved, the deposition is stayed. Accordingly,
IT IS HEREBY ORDERED that Defendant’s Motion [#202] is GRANTED in part and
DENIED in part. To the extent Defendant’s Motion asks the Court to compel Plaintiff to
appear for its Fed. R. Civ. P. 30(b)(6) deposition on July 2, 2014, it is DENIED. To the
extent Defendant’s Motion requests that the Scheduling Order be amended to reset the
Final Pretrial Conference and to allow for the Fed. R. Civ. P. 30(b)(6) deposition of Plaintiff
to be taken at a date after July 2, 2014, it is GRANTED. Accordingly,
IT IS FURTHER ORDERED that the Final Pretrial Conference set for July 22, 2014
at 10:00 a.m. is VACATED and RESET to October 9, 2014 at 10:00 a.m. in Courtroom C204, Second Floor, Byron G. Rogers United States Courthouse, 1929 Stout Street, Denver,
Colorado.
IT IS FURTHER ORDERED that the proposed pretrial order shall be submitted on
or before October 2, 2014. The proposed pretrial order to be submitted to the Magistrate
Judge under the ECF Procedures may be submitted in WordPerfect or pdf format and shall
be emailed to the Magistrate Judge at [e-mail].
Attorneys and/or pro se parties not participating in ECF shall submit their proposed
pretrial order on paper to the Clerk’s Office. However, if any party in this case is
participating in ECF, it is the responsibility of that party to submit the proposed pretrial order
pursuant to the District of Colorado ECF Procedures.
The parties shall prepare the proposed pretrial order in accordance with the
form which may be downloaded from the Forms section of the court’s website at
http://www.cod.uscourts.gov/CourtOperations/RulesProcedures/Forms.aspx.
IT IS FURTHER ORDERED that, subject to the Court’s order on Plaintiff’s Motion
for Protective Order, see Courtroom Minutes/Minute Order [#158] at 1, which is pending,
the Fed. R. Civ. P. 30(b)(6) deposition of Plaintiff may be taken on or before August 29,
2014, outside of the Discovery Deadline.
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IT IS FURTHER ORDERED that Plaintiff’s Motion [#199] is DENIED as moot.
Dated: June 30, 2014

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