Hartley v. Time Warner Cable NY, LLC

Filing 69

COURTROOM MINUTES/MINUTE ORDER for proceedings held before Magistrate Judge Michael J. Watanabe: Status Conference held on 8/13/2013. Plaintiff's Oral Motions to withdraw motions is granted; withdrawing 24 Plaintiff's Motion for Certif ication Order: Class Action Certification (F.R.C.P. [Sic] 23) and Withdrawing 48 Plaintiff's Motion to Compel Defendant to Provide Discovery Pursuant to F.R.C.P. [Sic] 37(a)(4). Plaintiff shall have up to and including 8/27/2013 to respond to Defendant's Motion to Compel and For Attorneys' Fees 58 . Deadline for Plaintiff to file Amended Complaint 8/27/2013. Court will address 45 Defendant's Motion for Partial Dismissal...when it decides the motion to file an amende d complaint. Scheduling Order 23 amended to extend discovery deadline for the limited purpose of taking the deposition of plaintiff, Patrick Hartley on 9/3/2013; Discovery due by 9/3/2013. Denying 63 Plaintiff's Memorandum in Support of Plaintiff's Notice to the Court and Motion to Continue Filed July 8, 2013 Court Reporter: FTR - Ellen E. Miller. FTR: Courtroom A502. (mjwcd)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Magistrate Judge Michael J. Watanabe
Civil Action No. 13-cv-00158-RM-MJW

FTR - Courtroom A-502

Date:

Courtroom Deputy, Ellen E. Miller

August 13, 2013

Counsel

Parties
PATRICK G. HARTLEY,
individually and on behalf of others similarly situated,

Walker G. Harman, Jr.

Plaintiff(s),
v.
TIME WARNER NY CABLE, LLC,

Nathan D. Chapman
Josh A. Marks

Defendant(s).

COURTROOM MINUTES / MINUTE ORDER
HEARING:
TELEPHONIC STATUS CONFERENCE
Court in Session:
2:39 p.m.
Court calls case. Appearances of counsel.
It is noted Mr. Harman has recently entered his appearance on behalf of the Plaintiff.
Status of the case is discussed.
Counsel for Plaintiff makes an Oral Motion to withdraw the motion filed by Pro Se Plaintiff,
Motion for Certification Order. With no objections,
It is ORDERED:

Plaintiff’s ORAL MOTION to withdraw motion filed by Pro Se Plaintiff,
Motion for Certification Order is GRANTED, for reasons as set forth on
the record, therefore,
Plaintiff’s MOTION FOR CERTIFICATION ORDER: CLASS ACTION
CERTIFICATION (F.R.C.P. [sic] 23) [Docket No. 24, filed March 29,
2013] is WITHDRAWN.

Counsel for Plaintiff makes an Oral Motion to withdraw the motion filed by Pro Se Plaintiff,
Plaintiff’s motion to compel defendant to provide discovery pursuant to F.R.C.P. [sic] 37(a)(4).
With no objections,
It is ORDERED:

Plaintiff’s ORAL MOTION to withdraw motion filed by Pro Se Plaintiff,
Motion to Compel is GRANTED, for reasons as set forth on the record,
therefore,
Plaintiff’s MOTION TO COMPEL DEFENDANT TO PROVIDE
DISCOVERY PURSUANT TO F.R.C.P. [sic] 37(a)(4) [Docket No. 48,
filed June 10, 2013] is WITHDRAWN.

It is ORDERED:

Plaintiff’s MEMORANDUM IN SUPPORT OF PLAINTIFF’S NOTICE TO
THE COURT AND MOTION TO CONTINUE FILED JULY 8, 2013
[Docket No. 63, filed July 09, 2013] is DENIED for reasons as set forth
on the record.

It is ORDERED:

Plaintiff shall have up to and including AUGUST 27, 2013 within which to
respond to Defendant’s MOTION TO COMPEL AND FOR ATTORNEYS’
FEES [Docket No. 58, filed July 03, 2013].

Plaintiff anticipates filing a motion to amend the complaint.
It is ORDERED:

Plaintiff shall have up to and including AUGUST 27, 2013, if Plaintiff does
determine an Amended Complaint is necessary, to file a motion to file an
amended complaint, with the proposed amended complaint attached.

In anticipation of the filing of a Motion to File an Amended Complaint, Defendant’s MOTION
FOR PARTIAL DISMISSAL OF PLAINTIFF’S COMPLAINT AND/OR IN THE ALTERNATIVE TO
STRIKE PLAINTIFF’S JURY DEMAND [Docket No. 45, filed May 28, 2013] will be addressed
by the Court when it decides the Motion to File an Amended Complaint.
Discussion is held as to scheduling of Plaintiff’s deposition.
It is ORDERED:

The deposition of Patrick Hartley shall be had SEPTEMBER 03, 2013.
Counsel shall meet and confer to establish a time and location for the
deposition.
The SCHEDULING ORDER [Docket No. 23, filed March 21, 2013] is
amended to extend the discovery deadline for the limited purpose of
taking the deposition of the plaintiff, Patrick Hartley, to September 03,
2013.

Defendant shall be permitted to file a motion to re-open Plaintiff’s deposition if any documents
needed for the deposition were withheld by the Plaintiff and are not produced prior to the
deposition.

Hearing concluded.
Court in recess:
3:00 p.m.
Total In-Court Time 00:21

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