A PDX Pro Co., Inc. v. DISH Network, LLC et al

Filing 181

COURTROOM MINUTES/MINUTE ORDER for proceedings held before Magistrate Judge Craig B. Shaffer: Motion Hearing held on 2/26/2014. ORDERED: 173 Motion for Clarification and In Camera Review is DENIED. ORDERED: 123 Motion for Sanctions for Disobedie nce of Prior Court Orders is GRANTED. The court is RECOMMENDING that Judge R. Brooke Jackson preclude Plaintiff and its witnesses from asserting at trial any transaction that is not reflected on Plaintiff's 2/25/2014 spreadsheet, and that the da mages evidence at trial should be limited to the 3,541 transactions listed on that spreadsheet. The court further RECOMMENDS that in supporting its damage claims Plaintiff and its witnesses be barred from referring to or offering in evidence any docu ment not specifically referenced on the 2/25/2014 spreadsheet, and further that Plaintiff and its witnesses be precluded from arguing or insinuating to the jury that Plaintiff's inability or failure to produce additional documentary evidence in support of its damage claims is attributable to any fault, action or inaction by Defendant. ORDERED: Defendant shall submit a bill of costs within 7 business days of today's date. Defendant shall have 14 calendar days from service of the bill of costs to file a response. 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-01699-RBJ-CBS
Date:
February 26, 2014

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

Parties:

Counsel:

A PDX PRO CO. INC.,

Richard A. Oertli
William C. Groh, III
Wes P. Wollenweber

Plaintiff,
v.
DISH NETWORK SERVICE, LLC,
Defendant.

Darren E. Nadel
Alyson A. Smith
Michelle L. Gomez

COURTROOM MINUTES/MINUTE ORDER
HEARING: MOTION HEARING
Court in session:
3:37 p.m.
Court calls case. Appearances of counsel. Representatives for Plaintiff, Michael Paxton and Brooke
Paxton, are present by telephone.
The court notes it has reviewed the parties’ pleadings filed since the February 24, 2014 hearing.
Discussion between the court and counsel for Plaintiff regarding Motion for Clarification and In
Camera Review [Doc. No. 173].
Discussion between the court and counsel regarding various spreadsheets produced by PDX that
purport to identify the transactions that form the basis for Plaintiff’s damage claims in this case. The
court notes that while PDX’s purported damages have been substantially reduced through successive
spreadsheets, the underlying data supporting those damage claims has not changed since the
spreadsheets provided on July 15, 2013, notwithstanding the orders imposed by Judge Jackson and
this court. Under the circumstances, the court finds that Plaintiff and/or its counsel violated court
orders, and appropriate sanctions are required.
Discussion between the court and Defense counsel regarding clarification of the court’s proposed
sanctions, and Defendant’s specific request for adverse jury instructions. The court expresses its
view that Judge Jackson should make the final determination on what instructions are appropriate
in light of any ruling at trial and the evidence presented to the jury.
The court makes findings of fact and conclusions of law. For the reasons stated on the record and
the foregoing violations, it is

ORDERED:

Motion for Clarification and In Camera Review [Doc. No. 173, filed
2/25/2014] is DENIED in light of counsel’s and the court’s discussion on the
record today.

ORDERED:

Defendant’s Motion for Sanctions for Disobedience of Prior Court Orders
[Doc. No. 123, filed 12/16/2013] is GRANTED.
The court is RECOMMENDING that Judge R. Brooke Jackson preclude
Plaintiff and its witnesses from asserting at trial any transaction that is not
reflected on Plaintiff’s February 25, 2014 spreadsheet, and that the damages
evidence at trial should be limited to the 3,541 transactions listed on that
spreadsheet. The court further RECOMMENDS that in supporting its
damage claims Plaintiff and its witnesses be barred from referring to or
offering in evidence any document not specifically referenced on the
February 25, 2014 spreadsheet, and further that Plaintiff and its witnesses be
precluded from arguing or insinuating to the jury that Plaintiff’s inability or
failure to produce additional documentary evidence in support of its damage
claims is attributable to any fault, action or inaction by Defendant.

The court notes in recommending those sanctions, it does not intend to preclude Defendant from
requesting adverse inference instructions or preclude Plaintiff from objecting to any instructions
proposed by Defendant.
The court informs the parties that its recommendation as to evidentiary sanctions is being made
from the bench, that no written order will follow as those particular sanctions, and therefore the time
period for filing an objection should be calculated from today's date.
ORDERED:

Defendant shall submit a bill of costs within seven business days of today’s
date. Defendant shall have fourteen calendar days from service of the bill
of costs to file a response.

The court advises it will issue a separate written recommendation regarding monetary sanctions
once a bill of costs and response has been received. The time period for filing objections as to that
written recommendation will run from the filing of the written recommendation.
HEARING CONCLUDED.
Court in recess:
5:56 p.m.
Total time in court: 02:19
To order transcripts of hearings with Magistrate Judge Shaffer, please contact Avery Woods
Reporting at [phone] or toll free at 1-800-962-3345.