Salba Corp., N.A. et al v. X Factor Holdings, LLC et al

Filing 111

ORDER regarding numerous discovery disputes between the parties. By Magistrate Judge Kristen L. Mix on 7/10/2014. (klyon, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 12-cv-01306-REB-KLM
SALBA CORP., N.A., a Canadian corporation,
SALBA SMART NATURALS PRODUCTS, a Colorado limited liability company,
WILLIAM A. RALSTON, and
RICHARD L. RALSON,
Plaintiffs,
v.
X FACTOR HOLDINGS, LLC, an inactive Florida limited liability company,
ANCIENT NATURALS, LLC, a Florida limited liability company,
MITCHELL A. PROPSTER, a resident of the State of Florida,
CORE NATURALS, LLC, a Florida limited liability company, and
NATURAL GUIDANCE, LLC, a Florida limited liability company,
Defendants.
______________________________________________________________________
ORDER
______________________________________________________________________

This matter is before the Court on numerous discovery disputes between the parties.
IT IS ORDERED as follows:
Counsel have been engaged in discovery abuse and abusive litigation practices, and
I will not tolerate it. To attempt to cause the lawyers to live up to their professional and
legal obligations, I will impose the following requirements before any future discovery
motions are heard by the Court:
1.

Counsel and each client involved in a discovery dispute must appear in
person at any hearing concerning the dispute. In the case of a corporate
client, the president or chief executive officer must attend.

2.

After the lawyers have exhausted their obligation to confer under
D.C.COLO.LCivR 7.1(a), but before calling the court regarding the discovery
dispute, the lawyers must meet with their clients, review the positions they
are taking, and obtain their clients’ direction to proceed. Counsel must certify
in writing prior to any discovery hearing that they complied with this
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requirement, that the client understands the action being taken, and that the
client expressly directs that the action be taken. The certificate of
compliance must be filed with the court prior to the discovery hearing.
3.

In the event that I award a monetary sanction in connection with the
discovery dispute, I will award it against the client in view of the certificate
that the client directed that the action be taken.

Dated: July 10, 2014

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