Newman et al v. Harlan et al

Filing 64

COURTROOM MINUTES for proceedings held before Magistrate Judge Kathleen M. Tafoya: Motion Hearing held on 9/30/2013. ORDERED: 36 Defendants' Motion for Protective Order is GRANTED in part and DENIED in part as set forth more fully duri ng the hearing. ORDERED: 51 Plaintiffs' Motion to Compel is GRANTED in part and DENIED in part as set forth more fully during the hearing. ORDERED: 45 Defendants' Motion to Compel is GRANTED in part and DENIED in part. The court RECOMMENDS District Judge Blackburn adopt extended discovery deadlines and vacate the currently scheduled trial to be reset on a date convenient to the District Judge's calendar no sooner than August 2014. ORDERED: Pending r uling by Judge Blackburn on the recommendation of this court, only the following revised deadlines shall be applicable: The expert rebuttal deadline is extended to November 7, 2013. The discovery cut-off deadline is extended to November 15, 2013. ORDERED: Defense counsel's oral Motion to Reopen the Depositions of Plaintiffs is DENIED with leave to renew the motion if new information is found in the records which Defendants believe justifies reopening of the depositions. FTR: Courtroom C201 - C. Covington. (ccovi) Modified on 10/1/2013 to correct typo. (ccovi)

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

12-cv-02797-REB-KMT
Courtni Covington

NANCY NEWMAN, and
JOHN NEWMAN,

Date: September 30, 2013
FTR: Courtroom C-201
Robert D. Wilhite, III
Sandra L. Hagen

Plaintiffs,
v.
MICHAEL D. HARLAN, and
JL SMITH TRUCKING COMPANY,

Jennifer L. White
Craig W. Cain

Defendants.

COURTROOM MINUTES

1:33 p.m.

Court in session.

Court calls case. Appearances of counsel.
This matter is before the court as to Defendants’ Motion for Protective Order [Doc. No. 36],
Defendants’ Motion to Compel Releases and/or Records [Doc. No. 45], and Plaintiff’s
Motion to Compel [Doc. No. 51].
Discussion between the court and counsel for Plaintiff regarding the Defendants admitting fault
and liability, Plaintiffs’ damages, and the relevance of the documents Plaintiffs are requesting in
their Motion to Compel. The court notes the facts surrounding the accident are only relevant to
the issue of causation.
Counsel for Defendant states they have produced all records in their possession and note they do
not believe certain documents are relevant to the case.
ORDERED:

To the extent the “route tracker” (described as a physical object which was
in the truck involved in the accident but was later removed by Defendant
Harlan on instructions from Defendant JL Smith) still exists, Defendants
shall make it available to Plaintiffs and/or Plaintiffs’ expert(s) for review.

The court finds the “accident register” (a report to the government of
every accident in which JL Smith truck drivers have been involved) is
irrelevant except to the extent that Defendant JL Smith has submitted a
form describing the accident at issue in this case. The form which JL
Smith may have submitted to the government, Defendants shall produce a
copy of the form on or before October 10, 2013.
To the extent any alcohol or substance testing was administered to
Defendant Harlan at any time within 12 hours of the accident exists,
Defendants must the results of such test to Plaintiffs to the extent it is in
their possession. If such a test was administered but Defendants do not
have a copy of the test results, the Defendants shall inform Plaintiffs
where the test was administered and by whom.
To the extent not previously produced, Defendants shall produce all
documents connected with the “Loss of Cargo” insurance claim filed as a
result of the accident at issue in this case on or before October 10, 2013 or
list such document in a privilege log if applicable.
ORDERED:

Defendants’ Motion for Protective Order [Doc. No. 36, filed
7/30/2013] is GRANTED in part and DENIED in part as set forth more
fully during the hearing.

ORDERED:

Plaintiff’s Motion to Compel [Doc. No. 51, filed 8/20/2013] is
GRANTED in part and DENIED in part as set forth more fully during
the hearing.

Discussion and argument regarding Defendants’ Motion to Compel Releases and/or Records
Counsel for Plaintiffs states he has turned over all medical documents that are in his possession,
but he has not received all records that have been requested. Discussion between the court and
counsel regarding the amount of documents being requested, their relevance, and giving
Defendants authorization for medical releases.
Discussion between the court and counsel for Defendants regarding the medical, employment,
and social security records being requested in their Motion to Compel.
The court makes findings regarding the relevance of the records being sought by Defendants.
ORDERED:

Defendants’ Motion to Compel Releases and/or Records [Doc. No. 45,
filed 8/8/2013] is GRANTED in part and DENIED in part.

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Defendants may seek Plaintiff Nancy Newman’s employment records for
a period five years preceding the accident to date.
Defendants shall review their index of documents being requested and
create medical releases for any records not yet provided by Defendants.
Those releases shall be submitted to Plaintiffs on October 2, 2013.
Counsel forPlaintiffs shall review the list and make a determination
related to any objections ; without objection, the releases must be signed
and submitted back to Defendants no later than October 10, 2013.
Defendants may seek medical records going back an indefinite time period
if the records are directly related to Plaintiffs’ claimed injuries from the
accident. If records being sought are not directly related to the injuries
allegedly sustained, but are otherwise relevant, for instance to alleged
symptoms, Defendants may seek records going back five years prior to the
date of the accident to date.
The records being sought shall be returnable to a court reporter of
Defendants’ choosing. The court reporter shall “Bates” stamp the records,
report the Bates number range to the Defendant and then shall submit the
documents to the plaintiffs. Plaintiffs shall have seven calendar days to
turn copies of the records over to Defendants or include documents on a
privilege log, if appropriate. The court will leave up to the parties whether
the court reporter shall make and retain copies to turn over to the
Defendants should Plaintiffs not comply with the procedure after the
seven day period.
Discussion regarding extending the discovery deadlines to accommodate the amount of volume
and delay related to records being requested and produced.
The court notes the Trial Prepartion Conference and Trial dates are set by District Judge
Blackburn but will issue a Recommendation in light of the discovery issues to reset those dates
and extend discovery.
ORDERED:

The court RECOMMENDS District Judge Blackburn adopt the following
discovery deadlines and vacate the currently scheduled trial to be reset on
a date convenient to the District Judge’s calendar no sooner than August
2014.

Upon Judge Blackburn’s granting of the Recommendation to vacate the trial setting, the
following deadlines will be applicable:
The rebuttal expert deadline shall be extended to January 7, 2014.

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The discovery deadline shall be extended to March 21, 2014.
The dispositive motion deadline shall be extended to April 21, 2014.
Pending ruling by Judge Blackburn on the recommendation of this court, only the following
revised deadlines shall be applicable:
ORDERED:

The expert rebuttal deadline is extended to November 7, 2013.
The discovery cut-off deadline is extended to November 15, 2013.

Defendants orally move to reopen the depositions of Plaintiffs. Plaintiffs state their objections.
ORDERED:

Defense counsel’s oral Motion to Reopen the Depositions of Plaintiffs is
DENIED, with leave to renew the motion if new information is found in
the records which Defendants believe justifies reopening of the
depositions. Normal requirements for conferral shall apply.

The court instructs counsel regarding any future discovery disputes and the procedure that
should be followed. Both parties shall place a conference call to chambers to request an
informal hearing expedited hearing with the court.
2:49 p.m.

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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