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

Filing 97

COURTROOM MINUTES/MINUTE ORDER for proceedings held before Magistrate Judge Craig B. Shaffer: Discovery Hearing held on 10/17/2013. ORDERED: 86 Plaintiff's Motion to Compel is GRANTED in part and DENIED in part. The Motion is granted to the e xtent Defendant is required to supplement their privilege log and to provide to Plaintiff load files as negotiated by the parties no later than 10/23/2013. The Motion is denied in all other respects. ORDERED: 87 Defendant's Motion to Compel is GRANTED. Plaintiff is required to supplement his Rule 26(a) disclosures to Defense counsel by close of business 10/21/2013. ORDERED: Telephonic Status Conference set for 10/30/2013 at 3:00 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-01699-RBJ-CBS
Date:
October 17, 2013

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

Parties:

Counsel:

A PDX PRO CO. INC.,

Richard A. Oertli

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

Darren E. Nadel
Alyson A. Smith
Jennifer S. Harpole

COURTROOM MINUTES/MINUTE ORDER
HEARING: DISCOVERY CONFERENCE
Court in session:
9:03 a.m.
Court calls case. Appearances of counsel. Michael Paxton appears as representative for A PDX Pro
Co., Inc. and Brett Kitei appears as representative of Dish Network Service, LLC.
Discussion between the court and the parties regarding constructing a chronology of events in the
case.
Counsel for Defendant presents oral argument regarding their Motion to Compel and engages in
discussion with the court. Counsel electronically presents spreadsheets of records in question.
Discussion held regarding the discovery that has been completed up to this point, individuals counsel
will depose, and the parties’ Rule 26(a) disclosures.
The court addresses both parties regarding their behavior during the discovery process in this case.
Plaintiff’s counsel addresses Defense counsel’s statements and engages in discussion with the court.
10:10

Court in recess.

10:20

Court in session.

Discussion held regarding Plaintiff’s calculation of damages. The court notes the current calculation
is inadequate and that Rule 26(a) disclosures are subject to the Rule 26(g) certification requirement.
Plaintiff’s counsel addresses his concerns with remaining as counsel of record in this matter, notes
no trial date is currently set, and orally moves to withdraw from the case.

For the reasons stated on the record,
ORDERED:

Mr. Oertli’s oral Motion to Withdraw is DENIED.

Further discussion held regarding the scheduling of depositions, Defendant’s concerns with how
documents will be identified by Plaintiff, and Plaintiff obtaining data by subpoena from a non-party.
Discussion regarding Plaintiff’s Motion to Compel.
For the reasons stated on the record,
ORDERED:

Plaintiff PDX’s Motion to Compel [Doc. No. 86, filed 10/3/2013] is
GRANTED in part and DENIED in part.
The Motion is granted to the extent the court will require Defendant to
supplement their privilege log and to provide to Plaintiff load files as
negotiated by the parties no later than Wednesday, October 23, 2013. The
Motion is denied in all other respects.

ORDERED:

Defendant’s Motion to Compel [Doc. No. 87, filed 10/3/2013] is GRANTED.
Plaintiff is required to supplement his Rule 26(a) disclosures to Defense
counsel by close of business on Monday, October 21, 2013. Plaintiff must
provide a computation of damages by category and identify (not physically
produce) each and every document he will rely upon and plans to use at trial
to support his damage computation. Plaintiff will also be required to identify
with particularity those categories of damages for which he is lacking
documentation.

Each party to pay their own fees and costs.
Defense counsel seeks clarification from the court with respect to how the information will be
identified. The court notes Plaintiff has an obligation to produce the information in a way that makes
it readily usable and reviews the specificity that shall be used by Plaintiff.
The court notes it will allow Defendant to take the deposition of Mr. Paxton next Friday and advises
counsel that before that deposition, they should determine what discovery is to be taken, a schedule
for that discovery, and the individuals they wish to depose. The scheduling of those depositions
should be coordinated when counsel meet for Mr. Paxton’s deposition. The court notes if the parties
can finalize a discovery schedule, it will be open to discussing the shifting of some dates, but advises
the parties that the deadlines will not be substantially extended.
ORDERED:

A Telephonic Status Conference is set for Wednesday, October 30, 2013 at
3:00 p.m.

HEARING CONCLUDED.

Court in recess: 12:05 p.m.

Total time in court: 03:02

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