Gerard, Jr. et al v. New Elk Coal Company, LLC et al

Filing 93

COURTROOM MINUTES for Motion Hearing and Scheduling Conference held on 3/11/2014 before Magistrate Judge Kathleen M. Tafoya. ORDERED: Defendant New Elk is directed to produce Exhibit B as described by the parties in their papers, to the Plaintif f on or before March 10, 2014. The Court understands Exhibit B to be a settlement agreement. Therefore the document will be designated confidential and produced under the provisions of the protective order entered in the case. Plaintiff's Mot ion to Compel Discovery from Defendants New Elk Coal Company, LLC and Cline Mining Corporation and Extend the Phase One Discovery and Dispositive Motion Deadlines 80 is GRANTED IN PART AND DENIED IN PART. Further discovery is stayed, excluding t he completion of Phase 1 discovery and the completion of any discovery discussed herein, pending District Judge Moores resolution of the parties' summary judgment motions. Parties are directed to submit a Status Report within 5 days of Judge Moo re' s ruling stating the outcome of the ruling and further discovery requirements. The Proposed Scheduling Order is rejected at this time. FTR: S. Grimm - C201. (sgrim) Modified on 3/11/2014 to indicate a Scheduling Conference was also held.(sgrim)

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

13-cv-00277-RM-KMT
Sabrina Grimm

Date: March 10, 2014
FTR: Courtroom C-201

Parties:

Counsel:

JAMES GERARD, JR., and
MICHAEL COX, on behalf of themselves and all others
similarly situated,

David Tufts

Plaintiffs,
v.
NEW ELK COAL COMPANY, LLC,

M. Robin Repass

STRATEGIC STAFFING SOLUTIONS, and

Austin Smith
David Powell
M. Robin Repass

CLINE MINING CORPORATION,
Defendants.

COURTROOM MINUTES

MOTION HEARING AND SCHEDULING CONFERENCE
1:30 p.m.

Court in session.

Court calls case. Appearances of counsel.
Court states its understanding of the issues.
Discussion regarding WARN, single employer issue, amount of propounded interrogatories, and
verification of testimony.
ORDERED: Defendant New Elk is directed to produce “Exhibit B” as described by the
parties in their papers, to the Plaintiff on or before March 10, 2014. The
Court understands Exhibit B to be a settlement agreement. Therefore the
document will be designated confidential and produced under the provisions
of the protective order entered in the case.

Further discussion regarding single employer issue, New Elk discovery pertaining to
interrogatories 6-10, 12, 15, and 17, request for production 7-13, 15, 18, and 28.
Counsel for Defendant Strategic Staffing Solutions are excused from the remainder hearing.
3:09 p.m.
3:54 p.m.

Court in recess.
Court in session.

Discussion regarding Cline discovery. Mr. Tufts informs the Court that the Cline discovery
issues have been resolved and states the resolution on the record.
ORDERED: Plaintiff’s Motion to Compel Discovery from Defendants New Elk Coal
Company, LLC and Cline Mining Corporation and Extend the Phase One
Discovery and Dispositive Motion Deadlines [80] is GRANTED IN PART
AND DENIED IN PART. The motion is granted as to defendant New Elk’s
interrogatories 6, 7, 8, 9, 10, 12, and 17 and request for production 7-13, and
18. New Elk is directed to supplement their responses to the interrogatories
on or before March 17, 2014 and produce responsive documents to the
requests for production on or before April 7, 2014. The motion is granted in
part as to defendant Cline’s documents. Cline is directed to supplement
discovery, as agreed to by the parties on record, on or before March 17, 2014.
The motion is denied in all other respects.
Discussion and review of the string cheese factors.
ORDERED: Further discovery is stayed, excluding the completion of Phase 1 discovery
and the completion of any discovery discussed herein, pending District Judge
Moore’s resolution of the parties’ summary judgment motions. Parties are
directed to submit a Status Report within 5 days of Judge Moore’s ruling
stating the outcome of the ruling and further discovery requirements.
ORDERED: The Proposed Scheduling Order is rejected at this time.
4:11 p.m.

Court in recess.

Hearing concluded.
Total in-court time 01:56
*To obtain a transcript of this proceeding, please contact Avery Woods Reporting at [phone].

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