Moore, et al v. Town of Erie, Colorado, et al

Filing 54

COURTROOM MINUTES/MINUTE ORDER for proceedings held before Magistrate Judge Michael J. Watanabe: Motion Hearing held on 4/16/2014. Granting in part and denying in part 39 Defendant's Motion to Compel and for Sanctions. Granting 50 Def endant Officer Chester's Motion to Reconsider April 4, 2014, Minute Order. 14 Scheduling Order is amended. Discovery due by 8/4/2014. Dispositive Motions due by 9/5/2014. Final Pretrial Conference 9/3/2014 09:30 AM is vacated. Proposed Pretrial Order due by 10/24/2014. Final Pretrial Conference reset for 10/31/2014 09:00 AM in Courtroom A 502 before Magistrate Judge Michael J. Watanabe. Court Reporter: FTR - Ellen E. Miller. FTR: Courtroom A502. (emill)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Magistrate Judge Michael J. Watanabe
Civil Action No. 12-cv-02497-CMA-MJW

FTR - Courtroom A-502

Date:

Courtroom Deputy, Ellen E. Miller

April 16, 2014

Counsel

Parties
BRITTANY MOORE, a/k/a Brittany Landis,
KAITLIN ROSE LANDIS,
KIRSTIN RAY LANDIS, and
KAYMEN RENEE LANDIS,
minors by and through her next friend,
Brittany Moore,

Nicole B. Godfrey
Jay W. Swearingen

Plaintiff(s),
v.
ERIE POLICE OFFICER JAMIE CHESTER,
(badge #E-23) in his official and individual capacity,

Jonathan A. Cross

Defendant(s).

COURTROOM MINUTES / MINUTE ORDER
HEARING:
MOTIONS HEARING
Court in Session:
1:30 p.m.
Court calls case. Appearances of counsel.
It is noted discussions are being held between the parties as to dismissing the minor children
from the law suit.
The Court raises Defendants’ Motion to Compel and for Sanctions (Docket No. 39, filed March
25, 2014) for argument.
Argument is heard on behalf of Defendant and Plaintiffs.
It is ORDERED:

Defendants’ MOTION TO COMPEL AND FOR SANCTIONS [Docket No.
39, filed March 25, 2014] is GRANTED IN PART AND DENIED IN PART
for reasons as set forth on the record.

On or before APRIL 23, 2014, Plaintiff Brittany Moore shall provide signed responses to the
Interrogatories and Requests for Production. On or before APRIL 23, 2014, Plaintiff Brittany
Moore shall provide releases of records of certain health care providers. No sanctions are
imposed.

The Court raises Defendant Officer Chester’s Motion to Reconsider April 4, 2014, Minute
Order (Docket No. 50, filed April 07, 2014) for argument.
Argument is heard on behalf of Defendant and Plaintiffs.

It is ORDERED:

Defendant Officer Chester’s MOTION TO RECONSIDER APRIL 4, 2014,
MINUTE ORDER (Docket No. 47) [Docket No. 50, filed April 07, 2014] is
GRANTED for reasons as set forth on the record.
The SCHEDULING ORDER [Docket No. 14, filed November 19, 2012] is
amended:

Deadline for Defendant’s Rebuttal Experts is extended to JUNE 20, 2014
Discovery deadline is extended to AUGUST 04, 2014
Dispositive Motions deadline is extended to SEPTEMBER 05, 2014.
Deadline to serve Interrogatories remains set for MAY 21, 2014.
The Final Pretrial Conference set SEPTEMBER 03, 2014 at 9:30 a.m. is vacated.
The FINAL PRETRIAL CONFERENCE is reset to OCTOBER 31, 2014 at 9:00 a.m.
in Courtroom A-502, Fifth floor, Alfred A. Arraj United States Courthouse, 901 19th Street,
Denver, Colorado 80294.
Parties shall file their proposed Final Pretrial Order on or before OCTOBER 24, 2014.
Family members and/or individuals who are co-workers in the Plaintiff’s husband’s construction
work are STRUCK and shall not be permitted to testify.
Parties shall meet and confer regarding the topics listed as 1 through 5 in the Plaintiff’s Notice
for a Rule 30(b)(6) deposition of the Town of Erie. If the parties are unable to narrow the
dispute, Defendant may file an appropriate motion to quash all or part of the topics.

Hearing concluded.
Court in recess: 3:18 p.m.
Total In-Court Time 01:48

To order a transcript of this proceedings, contact Avery Wood Reports

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