Hicks v. Podolak et al

Filing 189

COURTROOM MINUTES/MINUTE ORDER for proceedings held before Magistrate Judge Michael J. Watanabe: Motion Hearing held on 3/28/2014. Granting 161 Defendant Podolak's Motion for Protective Order. Granting 165 Plaintiff's Motion to Amend Scheduling Order to Extend Discovery Cut-Off Date. Discovery deadline 5/5/2014. Dispositive Motion deadline 6/3/2014. Withdrawing 168 Plaintiff's Motion for Order Governing Procedures to Plaintiffs Depositions,as Plaintiff's Or al Motion to Withdraw motion is granted. Denying 170 Plaintiffs Motion to Compell [sic] Discovery Response. Granting in part and denying in part 173 Plaintiff's Emergency Motion to Stay Proceedings. Granting 175 Defendant Podolak's Second Motion for Protective Order. Granting in part and denying in part 183 Plaintiff's Second Emergency Motion to Stay Proceedings. Court Reporter: FTR - Ellen E. Miller. FTR: Courtroom A502. (emill)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Magistrate Judge Michael J. Watanabe
Civil Action No. 12-cv-00334-RBJ-MJW

FTR - Courtroom A-502

Date:

Courtroom Deputy, Ellen E. Miller

March 28, 2014

Counsel

Parties
BRIAN HICKS,
# 35039-013

Pro Se

(by telephone)

Plaintiff(s),
v.
STEPHANIE PODOLAK,
RENE GARCIA,
SHAWN KUTA,
SHIKAH DOSANJ,
STEVE BROWN,
SEAN SNIDER, and
JOHNNY CHAVEZ,

Amy L. Padden

Defendant(s).

COURTROOM MINUTES / MINUTE ORDER
HEARING:
MOTIONS HEARING
Court in Session:
8:30 a.m.
Court calls case. Appearances of Pro Se plaintiff and defense counsel.
Oral argument on the motions which are deemed connected in their requests for relief is heard.
It is ORDERED:

Defendant Podolak’s Motion for Protective Order [Docket No. 161, filed
January 14, 2014 ] is GRANTED for reasons as set forth on the record.

It is ORDERED:

Defendant Podolak’s Second Motion for Protective Order [Docket No.
175, filed March 03, 2014] is GRANTED for reasons as set forth on the
record.

As to Defendant Podolak’s Motion for Protective Order [Docket No. 161] and Defendant
Podolak’s Second Motion for Protective Order [Docket No. 175]: Defendant Podolak need not
respond to Plaintiff’s discovery requests at least until a ruling by Judge Jackson on the Motion
to Reconsider (Docket No. 144). If the Motion for Reconsideration is granted, Defendant
Podolak will be dismissed from the case. If the Motion for Reconsideration is denied, Defendant
Podolak shall then have 20 days within which to respond to or object to Plaintiff’s outstanding
discovery requests.

It is ORDERED:

Plaintiff’s motion to Amend Scheduling Order to Extend Discovery Cut-Off
Date [Docket No. 165, filed February 11, 2014] is GRANTED for reasons
as set forth on the record. The Amended Scheduling Order (Docket No.
148) is amended:
Discovery Cutoff is extended to MAY 05, 2014
Dispositive Motions Deadline is extended to JUNE 03, 2014

It is ORDERED:

Plaintiff’s Motion to Compell [sic] Discovery Response [Docket No. 170,
filed February 24, 2014] is DENIED AS MOOT, WITHOUT PREJUDICE,
for reasons as set forth on the record.

It is ORDERED:

Plaintiff’s Emergency Motion to Stay Proceedings [Docket No. 173, filed
February 28, 2014] is GRANTED IN PART and DENIED IN PART for
reasons as set forth on the record.

It is ORDERED:

Plaintiff’s Second Emergency Motion to Stay Proceedings [Docket No.
183, filed March 17, 2014] GRANTED IN PART and DENIED IN PART
for reasons as set forth on the record.

As to Plaintiff’s Emergency Motion to Stay Proceedings (Docket No. 173) and Plaintiff’s
Second Emergency Motion to Stay Proceedings (Docket No. 183): the motions are GRANTED
in that there shall be no discovery between Defendant Podolak and Plaintiff Hicks and DENIED
as to all other Defendants. The stay of discovery relates only to Defendant Podolak and only
until a decision is made by Judge Jackson on the Motion to Reconsider (Docket No. 144).

Discussion is held regarding the final motion set for hearing this morning.
Plaintiff makes an ORAL MOTION to WITHDRAW the Motion for Order Governing Procedures
to Plaintiff’s Depositions. With no objection from Defendants,
It is ORDERED:

Plaintiff’s ORAL MOTION TO WITHDRAW the Motion for Order
Governing Procedures to Plaintiff’s Depositions is GRANTED for reasons
as set forth on the record.
and
Plaintiff’s Motion for Order Governing Procedures to Plaintiff’s
Depositions (Docket No. 168) is WITHDRAWN. for reasons as set forth
on the record. Plaintiff is granted leave to renew his motion as to the
deposition procedures he is seeking.

It is noted that set before Judge Jackson are Pretrial Conference and Trial Preparation
Conference September 08, 2014 at 1:00 p.m. and Trial September 15, 2014 at 9:00 a.m.
Plaintiff makes an oral request to continue the trial dates. Plaintiff is granted leave to file a
written motion to continue these settings before Judge Jackson.
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It is noted Plaintiff has not filed a Response to Defendants’ Motion for Summary Judgment
[Docket No. 171, filed February 24, 2014]. Plaintiff makes an oral request to allow additional
time to respond. Plaintiff is granted leave to file a written motion requesting an extension of time
to file his written response to Defendants’ Motion for Summary Judgment pending before Judge
Jackson.

Hearing concluded.
Court in recess:
9:24 a.m.
Total In-Court Time 00:54

To order a transcript of this proceedings, contact Avery Wood Reports
Toll Free 1-800-962-3345.

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[phone] or