Wylie v. OMNI Hotels Management Corporation

Filing 24

MINUTE ENTRY for proceedings held before Magistrate Judge Craig B. Shaffer: Scheduling Conference held on 5/3/2012. Discovery due by 6/29/2012. A Final Pretrial Conference is set for 7/24/2012 09:15 AM in Courtroom A 402 before Magistrate Judge Crai g B. Shaffer. The court shall allow the plaintiff's 18 MOTION for Order to Bind Defendant to CRCP 30(b)(6) Testimony and Limit the Testimony of CRCP 30(b)(6) Representative David Jurcak to be WITHDRAWN without prejudice. (FTR: Robin Mason) (cbscd, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Magistrate Judge Craig B. Shaffer
Civil Action: 12-cv-00725-PAB-CBS
Date: May 3, 2012

FTR - Reporter Deck-Courtroom A402
Courtroom Deputy: Robin Mason

Parties:

Counsel:

M J WYLIE,

William P. Boyle
Scott William O'Sullivan

Plaintiff,

v.
OMNI HOTELS
CORPORATION,

MANAGEMENT

Leslie Anne Kendrick

Defendant.

COURTROOM MINUTES/MINUTE ORDER
HEARING: RULE 16(b) SCHEDULING CONFERENCE
Court in session:
10:41 a.m.
Court calls case. Appearances of counsel.
Discussion regarding what type of discovery the parties need. Ms. Kendrick advises the court that
the deposition of Dr. Reid is all that needs to be scheduled.
The court addresses the parties regarding plaintiff’s MOTION for Order to Bind Defendant to CRCP
30(b)(6) Testimony and Limit the Testimony of CRCP 30(b)(6) Representative David Jurcak
(Docket No. 18, filed on 4/12/2012), defendant’s RESPONSE to #18 MOTION for Order to Bind
Defendant to CRCP 30(b)(6) Testimony and Limit the Testimony of CRCP 30(b)(6) Representative
David Jurcak (Docket No. 19, filed on 4/12/2012), and plaintiff’s REPLY to Response to #18
MOTION for Order to Bind Defendant to CRCP 30(b)(6) Testimony and Limit the Testimony of
CRCP 30(b)(6) Representative David Jurcak (Docket No. 21, filed on 4/26/2012).
Mr. Boyle presents oral argument.
Discussion regarding the plaintiff’s motion, plaintiff’s reply, related case law, why Mr. Jurcak is
being retained as an expert witness according to Rule 702, disclosing according to Rule 26, and the
possibility of settling this case.

11:20 a.m.
11:37 a.m.

Off the record
Back on the record

Counsel for the plaintiff makes an oral motion to withdraw their MOTION for Order to Bind
Defendant to CRCP 30(b)(6) Testimony and Limit the Testimony of CRCP 30(b)(6) Representative
David Jurcak (Docket No. 18, filed on 4/12/2012). Defense counsel makes no objection.
ORDERED: The court shall allow the plaintiff’s MOTION for Order to Bind Defendant to CRCP
30(b)(6) Testimony and Limit the Testimony of CRCP 30(b)(6) Representative
David Jurcak (Docket No. 18, filed on 4/12/2012) to be WITHDRAWN without
prejudice.
The parties advise the court that they would like to meet and confer further to figure out how they
would like to proceed with this case.
Parties have held a Rule 26(f) meeting and Rule 26(a) disclosures have been fulfilled.
Discovery Cut-off:

June 29, 2012

A SETTLEMENT CONFERENCE has not been set.

FINAL PRETRIAL CONFERENCE is set for July 24, 2012 at 9:15 a.m.
Final Pretrial Order is due no later than SEVEN (7) DAYS before the Final Pretrial Conference.
(See the court’s website for Instructions for Preparation and Submission)
Counsel may not file any OPPOSED discovery motions without leave of court. Counsel are
instructed that should a discovery dispute arise they are to comply with Local Rule 7.1A. in
an effort to resolve the issues. If that is unsuccessful, counsel shall establish a conference call
adding Magistrate Judge Shaffer as the last connection. The Court will hear arguments and
attempt to mediate a resolution. The Court will instruct counsel at that time as to whether or
not to file a discovery motion.
TRIAL:
The parties anticipate a four (4) day trial.
!

Scheduling Order is signed and entered with interlineations.

HEARING CONCLUDED.
Court in recess:
Total time in court:

11:38 a.m.
00:57

To order transcripts of hearings with Magistrate Judge Shaffer, please contact Avery Woods
Reporting at [phone] or toll free at 1-800-962-3345.