Pioneer Centres Holding Company Employee Stock Ownership Plan and Trust, The v. Alerus Financial, N.A. et al

Filing 175

ORDER granting in part and denying in part 163 Motion for Protective Order, as outlined in the attached document. by Magistrate Judge Boyd N. Boland on 11/22/2013.(trlee, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Magistrate Judge Boyd N. Boland
Civil Action No. 12-cv-02547-RM-BNB
THE PIONEER CENTRES HOLDING COMPANY EMPLOYEE STOCK OWNERSHIP
PLAN AND TRUST, AND ITS TRUSTEES,
MATTHEW BREWER,
ROBERT JENSEN, and
SUSAN DUKES,
Plaintiffs,
v.
ALERUS FINANCIAL, NA, and
BERENBAUM WEINSHIENK, PC,
Defendants,
and
ALERUS FINANCIAL, N.A.,
Third-Party Plaintiff and Counterclaim Plaintiff,
v.
MATTHEW BREWER,
ROBERT JENSEN,
SUSAN DUKES,
PIONEER CENTRES HOLDING COMPANY, and
RICHARD EASON,
Third-Party Defendants and Counterclaim Defendants.
______________________________________________________________________________
ORDER
______________________________________________________________________________
This matter arises on Plaintiffs’ and Counterclaim Defendants’ Motion for Protective
Order [Doc. # 163, filed 11/4/2013] (the “Motion for Protective Order”). I held a hearing on the
Motion for Protective Order this morning and made rulings on the record, which are

incorporated here.
IT IS ORDERED that the Motion for Protective Order [Doc. # 163] is GRANTED IN
PART and DENIED IN PART as follows:
• GRANTED to (1) limit the deposition of Matthew Brewer to no more than
seven hours; (2) allow Mr. Brewer to have present with him at the deposition, at his option, a
medical care provider or family member; (3) structure the testimony in reasonable segments of
time as the witness can tolerate; and (4) require, at the option of the witness, that the deposition
occur in the courthouse and subject to my supervision. Counsel shall contact my chambers at
303-844-6408 to make arrangements for the deposition to proceed at the courthouse if the
witness exercises that option; and
• DENIED in all other respects.
Dated November 22, 2013.
BY THE COURT:
s/ Boyd N. Boland
United States Magistrate Judge

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