McDonald v. J.P. Morgan Chase Bank N.A. et al

Filing 150

COURTROOM MINUTES/MINUTE ORDER for proceedings held before Magistrate Judge Michael E. Hegarty: Motions Hearing held on 3/3/2014, denying without prejudice 131 Plaintiff's Motion for Certification of Court's Interlocutory Pursuant to Col orado Federal Rule of Civil Procedure Rule 54(B); denying without prejudice 133 Plaintiff's Motion: Joinder of Parties Pursuant to F.R.C.P. Rules 20 & 42; granting 135 Non-Party's Motion to Quash Subpeonas (sic) or Alternatively Motion for Protective Order; granting 136 Non-Party's Motion to Quash Subpeona (sic) to Testify and Subpeona (sic) to Produce Documetns (sic) or in the Alternative, Motion for Protective Order; granting in part and denying without prejudice in part [ 137] The Bank Defendants' Motion to Quash Subpoenas and for Issuance of Protective Order; denying without prejudice 139 Plaintiff's Motion & Request for Temporany (sic) Restraining Order Pursuant to United States District of Colorado Rul e 65(b); denying without prejudice 143 Plaintiff's Combined Motions Dated February 25, 2014, Amend Complaint Pursuant to F.R.C.P. 15(a)(2) Addendum to Amended Complaint. Status Conference set for 3/17/2014 3:00 PM in Courtroom A 501 before Magistrate Judge Michael E. Hegarty. FTR: C. Pearson -- Courtroom A-501. (mehcd)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
MAGISTRATE JUDGE MICHAEL E. HEGARTY
Civil Action No. 12-cv-02749-MSK-MEH
Courtroom Deputy: Cathy Pearson

Date: March 3, 2014
FTR B Courtroom A501

R. KIRK MCDONALD,

Pro Se

Plaintiff,
vs.
J.P. MORGAN CHASE BANK N.A.,
CITIBANK N.A., and
CHASE FUNDING MORTGAGE LOAN
ASSETBACKED CERTIFICATES 2002-4,

Mark Willis
Kelly Kilgore

Defendants.
ASHLEY RICKETSON and
NEAL J. VALORZ,

Pro Se
Damien Bielli

Movants.

COURTROOM MINUTES/MINUTE ORDER
MOTIONS HEARING
Court in session:

3:02 p.m.

Court calls case. Appearances of pro se Plaintiff and counsel for Defendants and Movants.
Discussion held regarding Plaintiff’s ability and attempts to contact defense counsel and possible
ex parte communications.
Discussion held regarding Plaintiff’s Combined Motions Dated February 25, 2014, Amend
Complaint Pursuant to F.R.C.P. 15(a)(2) Addendum to Amended Complaint (Doc. 143, filed
2/26/2014); Plaintiff’s Motion & Request for Temporany (sic) Restraining Order Pursuant to
United States District of Colorado Rule 65(b) (Doc. 139, filed 2/24/2014); subpoenas served by
Plaintiff on third parties; Non-Party’s Motion to Quash Subpoena to Testify and Subpoena to
Produce Documetns (sic); or in the Alternative, Motion for Protective Order (Doc. 136, filed
2/24/2014); and Non-Party’s Motion to Quash Subpeonas (sic) or Alternatively Motion for
Protective Order (Doc. 135, filed 2/24/2014).
The Court questions the Movants regarding information sought in the subpoena served by
Plaintiff.

ORDERED: 1.

Plaintiff’s Combined Motions Dated February 25, 2014, Amend Complaint
Pursuant to F.R.C.P. 15(a)(2) Addendum to Amended Complaint (Doc.
143, filed 2/26/2014) is DENIED without prejudice as stated on the record
for failure to follow the Local Rules. Plaintiff failed to submit an
Amended Complaint with the motion.

2.

Plaintiff’s Motion & Request for Temporany (sic) Restraining Order
Pursuant to United States District of Colorado Rule 65(b) (Doc. 139, filed
2/24/2014) is DENIED without prejudice as stated on the record for failure
to follow the Local Rules. Plaintiff failed to submit a proposed Order with
the motion.

3.

Non-Party’s Motion to Quash Subpeona (sic) to Testify and Subpeona (sic)
to Produce Documetns (sic) or in the Alternative, Motion for Protective
Order (Doc. 136, filed 2/24/2014) is GRANTED as stated on the record.
The subpoena as to Neal Valorz is quashed.

4.

Non-Party’s Motion to Quash Subpeonas (sic) or Alternatively Motion for
Protective Order (Doc. 135, filed 2/24/2014) is GRANTED as stated on the
record. The subpoena as to Ashley Rickteson is quashed.

3:40 p.m.

Mr. Bielli and Ms. Ricketson are excused from the remainder of the hearing.

Discussion held and argument presented regarding The Bank Defendants’ Motion to Quash
Subpoenas and for Issuance of Protective Order (Doc. 137, filed 2/24/2014), Plaintiff’s Motion for
Certification of Court’s Interlocutory Pursuant to Colorado Federal Rule of Civil Procedure Rule
54(B) (Doc 131, filed 2/18/2014), and Plaintiff’s Motion: Joinder of Parties Pursuant to F.R.C.P.
Rules 20 & 42 (Doc. 133, filed 2/19/2014).
ORDERED: 5.

The Bank Defendants’ Motion to Quash Subpoenas and for Issuance of
Protective Order (Doc. 137, filed 2/24/2014) is GRANTED in part and
DENIED without prejudice in part as a stated on the record. The subpoena
is quashed as to Kimberly Pitaniello. As to Zach Smith, the motion is
DENIED without prejudice as stated on the record.

6.

Plaintiff’s Motion: Joinder of Parties Pursuant to F.R.C.P. Rules 20 & 42
(Doc. 133, filed 2/19/2014) is DENIED without prejudice as stated on the
record.

7.

Plaintiff’s Motion for Certification of Court’s Interlocutory Pursuant to
Colorado Federal Rule of Civil Procedure Rule 54(B) (Doc 131, filed
2/18/2014) is DENIED without prejudice as stated on the record.

8.

Discovery is temporarily stayed for a two-week period, including
third-party subpoenas, for purpose of allowing Defendants to determine
whether they are willing to concede that there are no material facts

remaining in the case. If there are no material facts remaining, discovery
will be closed.
9.

A Status Conference is set for March 17, 2014, at 3:00 p.m. The Court
will determine at that time if discovery will be closed.

Discussion held regarding taking the deposition of a non-party.
Court in recess:
4:23 p.m. (Hearing concluded)
Total time in court: 1:21
To obtain a transcript of this hearing, please contact Avery Woods Reporting at [phone].