McReynolds v. Albertsons

Filing 40

COURTROOM MINUTES/MINUTE ORDER for proceedings held before Magistrate Judge Craig B. Shaffer: Telephonic Status Conference held on 5/29/2013. In light of the parties agreement, 37 Plaintiffs MOTION to Compel is DENIED as moot. 38 Plaintiffs LETT ER/MOTION is DENIED. The court will allow an additional 30 days for Plaintiff to respond to Defendants discovery and shall be due on or before June 30, 2013. Discovery due by 9/30/2013. The court grants leave for Plaintiff to serve ten more interrogatories in addition to the interrogatories he has yet to serve. Dispositive Motions due by 10/31/2013. FTR: Courtroom A402 - Courtni Covington. (ccovi)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Magistrate Judge Craig B. Shaffer
Civil Action: 12-cv-03112-CMA-CBS
Date: May 29, 2013

FTR - Reporter Deck - Courtroom A402
Courtroom Deputy: Courtni Covington

Parties:

Counsel:

ROBERT R. MCREYNOLDS,

Pro Se

Plaintiff,
v.
ALBERTSONS,

Danielle L. Kitson

Defendant.

COURTROOM MINUTES/MINUTE ORDER
HEARING: TELEPHONIC STATUS CONFERENCE
Court in Session:
10:05 a.m.
Court calls case. Appearance of counsel. Plaintiff appears pro se.
Discussion between the court and Mr. McReynolds regarding his LETTER [Doc. No. 38, filed
5/24/2013]. Plaintiff states that because his account is in the negative, the prison refuses to print
or copy documents for him. The court notes the CDOC is not a party to the case and therefore
has no authority to enter an order against them and that Mr. McReynolds can instead submit
handwritten responses and objections to discovery. The circumstances Plaintiff outlines do not
give the court reason to intrude on the prison’s policies.
ORDERED:

The court construes Plaintiff’s LETTER [Doc. No. 38, filed 5/24/2013] as
a Motion. For the reasons stated on the record, the LETTER/MOTION
is DENIED.

ORDERED:

The court will allow an additional 30 days from today for Plaintiff to
handwrite his responses or objections to Defendant’s discovery.
Plaintiff’s discovery responses or objections are due on or before June 30,
2013.

The court addresses the parties regarding Plaintiff’s MOTION to Compel [Doc. No. 37, filed
5/24/2013]. Discussion regarding Mr. McReynold’s footnote and the parties are in agreement
that the correct party name should be Albertsons LLC. The court notes that discovery requests
are subject to rules and discusses them with Mr. McReynolds.
Defense counsel agrees to provide Plaintiff with store wide criminal background checks and
applications for employees hired for the period of 2009 to when Plaintiff was terminated in 2011.
Plaintiff states that will be sufficient.
ORDERED:

In light of the parties agreement, Plaintiff’s MOTION to Compel [Doc.
No. 37, filed 5/24/2013] is DENIED as moot.

The court instructs Plaintiff to confer with Defense counsel before filing any further Motions to
Compel.
Plaintiff requests ten additional interrogatories. Discussion between the court and the parties
regarding whether or not the additional interrogatories are the most cost effective means of
discovery, if the case should be stayed until Plaintiff is released from prison in August, and the
setting of discovery deadlines.
THE FOLLOWING WILL CONFIRM THE ACTIONS TAKEN AND DATES SET AT
THE SCHEDULING CONFERENCE HELD THIS DATE:
Discovery Cut-off:

September 30, 2013

Dispositive Motions deadline:

October 31, 2013

Parties shall designate affirmative experts on or before August 1, 2013.
Parties shall designate rebuttal experts on or before September 2, 2013.
Interrogatories, Requests for Production of Documents, and Requests for Admissions shall be
served no later than August 27, 2013.
ORDERED:

The court grants leave for Plaintiff to serve ten more interrogatories in
addition to the interrogatories he has yet to serve.

The court notes it is not restricting Defendant’s right to propound proper objections to those
interrogatories.
HEARING CONCLUDED.
Court in recess:
Total time in court:

11:01 a.m.
00:56

To order transcripts of hearings with Magistrate Judge Shaffer, please contact Avery Woods Reporting at
[phone] or toll free at 1-800-962-3345.