Brown v. Fryer et al

Filing 105

COURTROOM MINUTES for Motion Hearing held on 7/18/13 before Magistrate Judge Kathleen M. Tafoya. ORDERED: Defendant's oral motion to include Alan Gardner as a witness to be deposed is GRANTED. Defendant's Motion to Modify Scheduling Ord er 92 is GRANTED IN PART. Discovery deadline is extended to September 25, 2013, solely for the purposes of deposing potential material witness Alan Gardner and former defendant Jami Fryer. The deadline is also extended for parties to engage in m ediation, if they so desire. Dispositive motion deadline is extended to October 25, 2013. The Final Pretrial Conference set for September 30, 2013 is VACATED. A Telephonic Final Pretrial Conference is RESET for January 7, 2014 at 10:00 a.m. The pa rties shall initiate a conference call and contact chambers at [phone] at the time of the Final Pretrial Conference. A Final Pretrial Order shall be prepared by the parties and submitted to the court no later than seven (7) days before the final pretrial conference. Defendant American Family Mutual Insurance Companys Motion for Protective Order re: 30(b)(6) Deposition of American Family 84 is GRANTED IN PART AND DENIED IN PART. FTR: S. Grimm. (sgrim)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Magistrate Judge Kathleen M. Tafoya
Civil Action No:
Courtroom Deputy:

12-cv-01740-RM-KMT
Sabrina Grimm

KATIE BROWN,

Date: July 18, 2013
FTR: Courtroom C-201
R. Craig Ewing

Plaintiff,
v.
AMERICAN FAMILY MUTUAL INSURANCE
COMPANY,

David Ganderton

Defendant.

COURTROOM MINUTES

Motion Hearing
1:30 p.m.

Court in session.

Court calls case. Appearances of counsel.
Also present, James Powers on behalf of former defendant Jami Fryer.
Court advises all parties that Jami Fryer is a terminated party in the case.
Court states its understanding of the issue.
Discussion regarding witnesses, depositions, deposing witness Alan Gardner (Fed-Ex Driver),
discovery motions, and potential mediation.
Courts states Mr. Powers may participate in Alan Gardner’s deposition.
Defendant’s oral motion to include Alan Gardner as a witness to be deposed by Mr. Ganderton.
ORDERED: Defendant’s oral motion to include Alan Gardner as a witness to be deposed
is GRANTED.

ORDERED: Defendant’s Motion to Modify Scheduling Order [92] is GRANTED IN
PART. Discovery deadline is extended to September 25, 2013, solely for the
purposes of deposing potential material witness Alan Gardner and former
defendant Jami Fryer. The deadline is also extended for parties to engage in
mediation, if they so desire. Dispositive motion deadline is extended to
October 25, 2013. The Final Pretrial Conference set for September 30, 2013
is VACATED. A Telephonic Final Pretrial Conference is RESET for
January 7, 2014 at 10:00 a.m. The parties shall initiate a conference call and
contact chambers at [phone] at the time of the Final Pretrial
Conference. A Final Pretrial Order shall be prepared by the parties and
submitted to the court no later than seven (7) days before the final pretrial
conference.
Discussion regarding Matters for Examination (Doc. No. 84-1).
ORDERED: Defendant American Family Mutual Insurance Company’s Motion for
Protective Order re: 30(b)(6) Deposition of American Family [84] is
GRANTED IN PART AND DENIED IN PART; as follows:
1.

Objection sustained as all inclusive. The information is provided in
the remaining topics;

2.

No objection by Defendant;

3.

Withdrawn by Plaintiff;

4.

Withdrawn by Plaintiff;

5.

Objection overruled, with the caveat that claims handling is not the
issue in the case;

6.

Objection overruled;

7.

Objection overruled;

8.

Objection overruled, with the understanding that legal conclusions
would not be proper questions for a 30(b)(6) witness;

9.

Objection sustained, with respect to the topic as it is currently
phrased. The Court will allow the topic if “facts and evidence with
respect to Katie Brown’s injuries....” is substituted for the word
“evaluation”.

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10.

11.
2:46 p.m.

Objection is sustained in part. The Court amends the topic to read
“the facts underlying or supporting American Family’s general and
affirmative defenses asserted in a law suit.”
No objection by Defendant.

Court in recess.

Hearing concluded.
Total in-court time 01:16
*To obtain a transcript of this proceeding, please contact Avery Woods Reporting at [phone].

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