Todd v. Fidelity National Financial, Inc. et al

Filing 92

COURTROOM MINUTES/MINUTE ORDER for proceedings held before Magistrate Judge Craig B. Shaffer: Scheduling Conference held on 7/31/2013; Ordered that 62 Plaintiff's Partially Stipulated Motion for Protective Order is DENIED AS MOOT. ORDERED th at 85 Plaintiff's Amended Motion for Protective Order is GRANTED. A Motion Hearing regarding 49 Motion to Dismiss Amended Complaint is set for 8/15/2013 at 02:30 PM in Courtroom A 402 before Magistrate Judge Craig B. Shaffer. FTR: Courtroom A402 - C. Covington. (ccovi)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Magistrate Judge Craig B. Shaffer
Civil Action: 12-cv-00666-REB-CBS
Date: July 31, 2013

FTR - Reporter Deck-Courtroom A402
Courtroom Deputy: Courtni Covington

Parties:

Counsel:

DALE TODD

Ty C. Gee
Sara Frazier

Plaintiff,
v.
FIDELITY NATIONAL FINANCIAL, INC.,
et al.,

Kent C. Modesitt
Larry S. Pozner
John M. McHugh

Defendants.

COURTROOM MINUTES/MINUTE ORDER
HEARING: RULE 16(b) SCHEDULING CONFERENCE
Court in session:
1:29 p.m.
Court calls case. Appearances of counsel.
The court addresses the parties regarding The Fidelity Defendants’ MOTION to Stay Discovery
Pending Resolution of their Motion to Dismiss [Doc. No. 64, filed 6/18/13].
Mr. Modesitt presents oral argument on the pending motion and engages in discussion with the
court. Discussion held regarding the burden placed on Defendants to begin discovery,
electronically stored information, and how the transactions in question can be searched.
Ms. Frazier presents oral argument and engages in discussion with the court. The court notes certain
keywords and definitions proposed by Plaintiffs are overbroad. The court addresses counsel for
Plaintiff regarding discovery related to pre-2009 and post-2009.
The court and Ms. Frazier discuss the filing of a second amended complaint.
The court states it is not inclined to grant an across the board stay of discovery and the parties will
discuss how to proceed with some discovery at the next hearing.
ORDERED:

A Motion Hearing regarding MOTION to Dismiss Amended Complaint
[Doc. No. 49, filed 6/10/213] is set for August 15, 2013 at 2:30 p.m.
Counsel are to confer with their clients and then collectively to determine a

more efficient way the parties can do phased and targeted discovery.
The court states Plaintiffs discovery requests as currently contemplated are too broad and suggests
counsel explore ways to redraft their requests for production. The court suggests counsel for
Defendants could discuss with their IT department how to approach Steps 1, 2, and 3.
ORDERED:

Plaintiff’s Partially Stipulated MOTION for Protective Order [Doc. No. 62,
filed 6/18/2013] is DENIED AS MOOT in light of the filing of the
Amended Motion for Protective Order.

The court clarifies that Plaintiff’s Amended MOTION for Protective Order is unopposed.
ORDERED:

Plaintiff’s Amended MOTION for Protective Order [Doc. No. 85, filed
7/23/2013] is GRANTED.

HEARING CONCLUDED.
Court in recess:
2:54 p.m.
Total time in court: 01:25
To order transcripts of hearings with Magistrate Judge Shaffer, please contact Avery Woods
Reporting at [phone] or toll free at 1-800-962-3345.