Eagle Systems & Services, Inc. v. Exelis Systems Corporation

Filing 108

MINUTE ENTRY for proceedings held before Judge R. Brooke Jackson: Telephonic Discovery Hearing held on 12/29/2014. The Court rules in favor of the defendant in part and for the plaintiff in part as stated on the record. 102 Exelis Systems Corpo ration's Forthwith Rule 37(c)(1) Motion to Strike Plaintiff Eagle Systems & Services, Inc.'s December 8 Rule 26(a)(2) Disclosure of Michael Smigocki is GRANTED; 104 Motion for Expedited Relief is deemed MOOT; 105 Forthwith Unopposed Mo tion to Seal and Restrict Access to Exhibits Filed with Exelis Systems Corporation's on Forthwith Rule 37(c)(1) Motion to Strike Plaintiff Eagle Systems & Services, Inc.'s December 8 Rule 26(a)(2) Disclosure of Michael Smigocki is GRANTED, and the exhibits filed with the motion at 102 will be maintained at Restriction Level 1. Discovery deadline is extended to and including 1/30/2015. Court Reporter: Tammy Hoffschildt. (cpear)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
JUDGE R. BROOKE JACKSON

Civil Action:
Courtroom Deputy:

12-cv-00303-RBJ
Cathy Pearson

Date: December 29, 2014
Court Reporter: Tamara Hoffschildt

Parties

Counsel

EAGLE SYSTEMS & SERVICES INC

Richard D. Kelly

Plaintiff
v.
EXELIS SYSTEMS CORPORATION

Joseph G. Martinez
Jon Jay Olafson

Defendant

COURTROOM MINUTES

TELEPHONE DISCOVERY CONFERENCE
Court in Session: 1:35 p.m.
Appearance of counsel via telephone.
Discussion held on discovery disputes regarding Rule 30(b)(6) depositions requested by Plaintiff
and the topics for examination as outlined in Exelis Systems Corporation’s Amended Objections
and Responses to Eagle Systems & Services, Inc.’s Amended Notice of Rule 30(b)(6) Deposition
(Doc. 106-1).
Court’s findings.
ORDERED: The Court rules in favor of Defendant in part and for Plaintiff in part, as stated on
the record.
Discussion held and argument given regarding Exelis Systems Corporation’s Forthwith Rule
37(c)(1) Motion to Strike Plaintiff Eagle Systems & Services, Inc.’s December 8 Rule 26(a)(2)
Disclosure of Michael Smigocki (Doc. 102), Motion for Expedited Relief on Forthwith Rule
37(c)(1) Motion to Strike Plaintiff Eagle Systems & Services, Inc.’s December 8 Rule 26(a)(2)

Disclosure of Michael Smigocki (Doc. 104), and the Forthwith Unopposed Motion to Seal and
Restrict Access to Exhibits Filed with Exelis Systems Corporation’s on Forthwith Rule 37(c)(1)
Motion to Strike Plaintiff Eagle Systems & Services, Inc.’s December 8 Rule 26(a)(2) Disclosure
of Michael Smigocki (Doc. 105).
Court’s findings.
ORDERED: Exelis Systems Corporation’s Forthwith Rule 37(c)(1) Motion to Strike Plaintiff
Eagle Systems & Services, Inc.’s December 8 Rule 26(a)(2) Disclosure of
Michael Smigocki (Doc. 102) is GRANTED as stated on the record. No
supplemental expert reports or opinions will be permitted.
ORDERED: Motion for Expedited Relief on Forthwith Rule 37(c)(1) Motion to Strike Plaintiff
Eagle Systems & Services, Inc.’s December 8 Rule 26(a)(2) Disclosure of
Michael Smigocki (Doc. 104) is deemed MOOT.
ORDERED: Forthwith Unopposed Motion to Seal and Restrict Access to Exhibits Filed with
Exelis Systems Corporation’s on Forthwith Rule 37(c)(1) Motion to Strike
Plaintiff Eagle Systems & Services, Inc.’s December 8 Rule 26(a)(2) Disclosure
of Michael Smigocki (Doc. 105) is GRANTED as stated on the record.
Discussion held and argument given regarding Plaintiff’s request for production of documents
and interrogatories.
Court’s findings.
ORDERED: Defendant shall produce to Plaintiff any document, regardless of the date, that has
to do with the termination of the contract at issue.
ORDERED: Defendant shall produce to Plaintiff documents pertaining to the three invoices
that were not paid.
Discussion held regarding settlement possibilities and extending the discovery deadline for
completion of depositions.
ORDERED: The discovery deadline is extended to and including January 30, 2015, to allow
time to complete depositions.
Court in Recess: 2:35 p.m.

Hearing concluded.

Total time in Court: 1:00