Bunting v. Preferred Homecare

Filing 72

COURTROOM MINUTES for Motion Hearing held on 1/27/2014 before Magistrate Judge Kathleen M. Tafoya. ORDERED: Plaintiff's Motion for Sanctions Pursuant to Fed. R. Civ. P. 37 56 is GRANTED. Plaintiff is awarded its reasonable costs incurred in making the motion, including attorneys fees. Also awarded are the fees and extra expenses incurred, if any, to bring the matter to Plaintiff's expert's attention, as stated on record. Plaintiff is directed to file an itemization of co sts associated with the preparation and presentation of the motion, including the reply to the motion and the preparation of the itemization of costs, with the Court on or before February 3, 2014. Any objections to the reasonableness of the amounts claimed shall be filed on or before February 10, 2014. Plaintiff's Motion for Sanctions Pursuant to Fed. R. Civ. P. 11 62 is DENIED, for reasons stated on record. FTR: S. Grimm. (sgrim)

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

12-cv-03327-RM-KMT
Sabrina Grimm

Date: January 27, 2014
FTR: Courtroom C-201

Parties:

Counsel:

MATTHEW BUNTING,

Jason Jordan

Plaintiff,
v.
PREFERRED HOMECARE,

Cash Parker
Lance Eberhart
Robert McCormick

Defendant.

COURTROOM MINUTES

MOTION HEARING
1:28 p.m.

Court in session.

Court calls case. Appearances of counsel.
Discussion and argument regarding truck-mounted vessel (TMV), late disclosure of the incident
report, alleged destruction of evidence, potential prejudice, remedy, liability issues, and role of
pressure building valve.
ORDERED: Plaintiff’s Motion for Sanctions Pursuant to Fed. R. Civ. P. 37 [56] is
GRANTED. Plaintiff is awarded its reasonable costs incurred in making the
motion, including attorney’s fees. Also awarded are the fees and extra
expenses incurred, if any, to bring the matter to Plaintiff’s expert’s attention,
as stated on record. Plaintiff is directed to file an itemization of costs
associated with the preparation and presentation of the motion, including the
reply to the motion and the preparation of the itemization of costs, with the
Court on or before February 3, 2014. Any objections to the reasonableness
of the amounts claimed shall be filed on or before February 10, 2014.

Discussion and argument regarding maintenance of vessel and alleged misrepresentations by
Defendant.
ORDERED: Plaintiff’s Motion for Sanctions Pursuant to Fed. R. Civ. P. 11 [62] is
DENIED, for reasons stated on record.
3:10 p.m.

Court in recess.

Hearing concluded.
Total in-court time 01:42
*To obtain a transcript of this proceeding, please contact Avery Woods Reporting at [phone].