Edlund Electric, Inc. v. Tower I Construction Company et al

Filing 57

COURTROOM MINUTES/MINUTE ORDER for proceedings held before Magistrate Judge Craig B. Shaffer: Motion Hearing held on 3/11/2014. ORDERED: 50 Motion for Sanctions is GRANTED. Mr. Ekstrom's deposition shall be reopened at Defendants' expen se and completed within two weeks of today's date. ORDERED: Plaintiff is permitted to submit a bill of costs for the filing of the Motion for Sanctions within two weeks of today's date. ORDERED: A Settlement Conference is set for 3/21/2014 at 1:30 PM in Courtroom A 402 before Magistrate Judge Craig B. Shaffer. Confidential settlement statements due no later than noon on 3/19/2014. ORDERED: The Final Pretrial Conference is RESET to 4/15/2014 at 9:15 AM in Courtroom A 402 before Magistrate Judge Craig B. Shaffer. (ccovi)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Magistrate Judge Craig B. Shaffer
Civil Action: 13-cv-00665-RPM-CBS
Date:
March 11, 2014

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

Parties:

Counsel:

EDLUND ELECTRIC INC.,

Matthew D. Barrett (appearing by phone)
Robert R. Marsh

Plaintiff,
v.
TOWER I CONSTRUCTION COMPANY,
et al.,

James W. Bain

Defendants.

COURTROOM MINUTES/MINUTE ORDER
HEARING: MOTION HEARING
Court in Session:
1:33 p.m.
Court calls case. Appearances of counsel. Representatives of Defendants, Joe Ekstrom and Mark
McKibbin, are also present.
Discussion and argument held between the court and counsel regarding Plaintiff Edlund Electric’s
Motion for Sanctions Pursuant to F.R.C.P. 37(b) [Doc. No. 50].
1:55 p.m.

Court is in recess.

1:59 p.m.

Court is in session.

Discussion held regarding Defendants’ failure to comply with the court’s order regarding discovery,
Joe Ekstrom’s deposition, and Defendants’ submission of a deductive change order.
The court makes findings. For the reasons stated on the record, it is
ORDERED:

Plaintiff Edlund Electric’s Motion for Sanctions Pursuant to F.R.C.P. 37(b)
[Doc. No. 50, filed 2/12/2014] is GRANTED. The court is ordering that Mr.
Ekstrom’s deposition shall be reopened for no more than forty-five minutes,
the scope shall be limited to the particular deductive change order (Doc. No.

52-1) and the documentation or the “breakdown” as discussed on the record
today, and shall be completed within two weeks of today’s date. To the
extent that there are any additional documents relative to the $7,500 change
order, they must be produced to Plaintiff’s counsel forty-eight hours before
the reopened deposition.
The deposition shall be reopened at the Defendants’ expense and the court
will require they pay the court reporter’s cost, the cost for a transcript of the
deposition, and one hour of Plaintiff’s counsel’s time at his normal hourly
rate.
ORDERED:

The court will permit Plaintiff to submit a bill of costs for the filing of the
Motion for Sanctions [Doc. No. 50] within two weeks of today’s date.

Discussion between the court and Plaintiff’s counsel regarding the bill of costs and if the date for
the Final Pretrial Conference should be reset.
The court informs the parties that only a ruling from the bench will issue, no written order will
follow, and therefore the amount of days to file an objection should be calculated from today's date.
The court moves next to Third Motion to Withdraw Forthwith as Counsel of Record for
Defendants Tower I Construction Company and Western Surety Company [Doc. No. 53] and
notes it will take up the matter in camera.
2:24 p.m.

Plaintiff’s counsel are excused from the courtroom.

Discussion held regarding Mr. Bain’s Third Motion to Withdraw [Doc. No. 53].
2:57 p.m.

Off the record.

3:11 p.m.

On the record. Plaintiff’s counsel, Robert R. Marsh, reenters the courtroom.

The court addresses counsel regarding the setting of a Settlement Conference.
ORDERED:

A Settlement Conference is set for March 21, 2014 at 1:30 p.m. Counsel
and a client representative of each party shall be physically present.
No later than noon on March 19, 2014, each side is to submit a confidential
settlement statement explaining the settlement negotiation history that has
occurred in this case and advising what each party is prepared to offer or
accept in settlement.

ORDERED:

The Final Pretrial Conference is RESET to April 15, 2014 at 9:15 a.m.
Final Pretrial Order is due no later than SEVEN (7) CALENDAR
DAYS before the Final Pretrial Conference. (See the court’s website for
Instructions for Preparation and Submission)

Counsel for Plaintiff clarifies Mr. Bain remains as counsel of record for the Defendants.
HEARING CONCLUDED.
Court in recess:
3:18 p.m.
Total time in court: 01:41
To order transcripts of hearings with Magistrate Judge Shaffer, please contact Avery Woods
Reporting at [phone] or toll free at 1-800-962-3345.