David A. Bovino, P.C. et al v. MacMillan et al

Filing 38

COURTROOM MINUTES/MINUTE ORDER for proceedings held before Magistrate Judge Michael E. Hegarty: Telephonic Motion Hearing held on 9/6/2012, granting but deferring ruling on 35 the Joint Motion to (1) Determine Whether Any Attorney-Client Privileg e Between the Plaintiffs and Andrew MacMillan has been Waived and (2) Modify Certain Deadlines Contained in the Scheduling Order Dated April 26, 2012. Discovery due by 4/10/2013. Dispositive Motions due by 5/10/2013. Initial expert disclosures due by 1/25/2013. Rebuttal expert disclosures due by 2/22/2013. Final Pretrial Conference reset for 7/8/2013 09:30 AM in Courtroom A 501 before Magistrate Judge Michael E. Hegarty. FTR: C. Coomes -- Courtroom A-501. (mehcd)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
MAGISTRATE JUDGE MICHAEL E. HEGARTY
Civil Action No. 12-cv-00551-PAB-MEH
Courtroom Deputy: Cathy Coomes

Date: September 6, 2012
FTR – Courtroom A501

DAVID A. BOVINO, P.C., and
DAVID A. BOVINO,

Tucker Trautman

Plaintiffs,
vs.
PATRICIA A. MACMILLAN and
CHRISTINA MACMILLAN,

David Lenyo
Roger Thomasch

Defendants.

COURTROOM MINUTES/MINUTE ORDER
TELEPHONIC MOTION HEARING
Court in session:

10:06 a.m.

Court calls case. Appearances of counsel. Present by telephone: John (Jack) Seiler, Guardian
Ad Litem for Andrew MacMillan, a witness in this case.
Argument and discussion regarding the Joint Motion to (1) Determine Whether Any AttorneyClient Privilege Between the Plaintiffs and Andrew MacMillan has been Waived and (2) Modify
Certain Deadlines Contained in the Scheduling Order Dated April 26, 2012 (Doc. #35, filed
8/22/12).
ORDERED: 1.

2.

For reasons stated on the record, the Joint Motion to (1) Determine
Whether Any Attorney-Client Privilege Between the Plaintiffs and Andrew
MacMillan has been Waived and (2) Modify Certain Deadlines Contained
in the Scheduling Order Dated April 26, 2012 (Doc. #35, filed 8/22/12) is
granted but held in abeyance as to production of Bovino/MacMillan
files, pending the filing of a motion to reconsider on behalf of the
Guardian Ad Litem. Mr. Seiler may file a motion to reconsider within 10
business days of receipt of the files. Plaintiffs may receive reasonable
costs for the production of the files.
The following hearings are reset and deadlines extended:
•

Final Pretrial Conference:
July 8, 2013, at 9:30 a.m.
(In addition to filing a PDF copy with the Clerk of the Court,

counsel should e-mail the proposed Final Pretrial Order in Word
or WordPerfect format to Magistrate Judge Hegarty’s chamber’s
email account at [e-mail] one week
prior to the conference.)
•
•
•
•

Initial expert disclosures:
January 25, 2013
Rebuttal expert disclosures: February 22, 2013
Discovery:
April 10, 2013
Dispositive motions: May 10, 2013

Court in recess:
10:37 a.m. (Hearing concluded)
Total time in court: 0:31