Arrington v. Born-n-Raised, Inc. et al

Filing 199

MINUTE ORDER by Magistrate Judge Kristen L. Mix on 10/29/14. Motion for Conference on Discovery Dispute 197 is DENIED. (Attachments: # 1 Attachment 1)(lgale, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 12-cv-00172-LTB-KLM
TROY R. ARRINGTON, II,
Plaintiff,
v.
TIMOTHY R. CHAVEZ,
Defendant.
_____________________________________________________________________
MINUTE ORDER
_____________________________________________________________________
ENTERED BY MAGISTRATE JUDGE KRISTEN L. MIX
This matter is before the Court on Plaintiff’s Motion for Conference on Discovery
Dispute [#197] (the “Motion”).1
This lawsuit was filed in January of 2012. [#1]. The undersigned has informed
Plaintiff’s counsel of my procedures for resolving discovery disputes on numerous
occasions. See, e.g., Minute Order [#21]. The substance of my procedures has not
changed; an updated copy of them is attached to this Minute Order. Nevertheless,
Plaintiff’s counsel continues to ignore my procedures by filing discovery-related motions,
like the one at issue. Moreover, Plaintiff’s counsel continues to seek relief that does not
fall within the realm of discovery and that cannot be ordered by the Court. As we discussed
during the Final Pretrial Conference held on June 26, 2014 [#190], the Court cannot compel
a party to stipulate to the authenticity of exhibits. Accordingly,
IT IS HEREBY ORDERED that the Motion [#197] is DENIED. Plaintiff must address
issues relating to the authenticity of exhibits by conferral with defense counsel or at trial,
but not through a discovery motion. To the extent that Plaintiff wishes to address
preservation depositions, counsel must follow these steps: (1) confer in writing with
opposing counsel about the identities of the deponents whose testimony must be
preserved, the amount of time needed for each deposition, and proposed dates and times

1

“[#197]” is an example of the convention the Court uses to identify the docket number
assigned to a specific paper by the court’s case management and electronic case filing system
(CM/ECF). The Court uses this convention throughout this Minute Order. The Court may rule on
a motion at any time. D.C.COLO.LCivR 7.1(d).

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for the depositions; (2) attempt to resolve any disagreements about such depositions with
opposing counsel; and (3) if disagreements cannot be resolved, follow the attached
procedures to obtain a discovery hearing with the Court.
IT IS FURTHER ORDERED that an attorney who is found not to have conferred in
good faith or to have caused or exacerbated unnecessary discovery disputes will be
sanctioned by the Court.
Dated: October 29, 2014

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