General Steel Domestic Sales, LLC v. Chumley et al

Filing 306

COURTROOM MINUTES for Motion Hearing held on 7/30/2014 before Magistrate Judge Kathleen M. Tafoya. ORDERED: Counterclaimant Atlantic Building Systems, LLCs Motion to File its Reply Brief in Support of Motion to Compel Discovery and Two Exhibits to Same Under Level One Restriction 276 is DENIED with leave to amend. Parties are permitted five business days to file a renewed motion to restrict, if any, consistent with the discussion held on record. Unopposed Motion to Implement Level 1 Restric ted Access as to General Steel's Reply in Support of Motion for Sanctions Due to Spoliation of Evidence and Discovery Abuse and Exhibits 281 is DENIED with leave to amend. Parties are permitted five business days to file a renewed motion to re strict, if any, consistent with the discussion held on record. Unopposed Motion to Implement Level 1 Restricted Access as to Plaintiff's Reply in Support of Motion to Compel Discovery Responses Pursuant to Rule 37(a), Fed. R. Civ. P. (CM-ECF # 2 25) and Exhibit 2 287 is DENIED with leave to amend. Parties are permitted five business days to file a renewed motion to restrict, if any, consistent with the discussion held on record. Unopposed Motion to File its Reply to Motion to Quash America n Express Company Subpoena and Two Exhibits to Same Under Level One Restriction 295 is HELD IN ABEYANCE. Defendants are given the opportunity to review and supplement the motion consistent with the discussion held on record. Unopposed Motion to Im plement Level 1 Restricted Access as to Defendants Ethan Chumley's and Atlantic Building Systems, LLC's Motion for Sanctions Pursuant to Fed.R.Civ.P. 37(b)(2) for Plaintiff General Steel Domestic Sales, LLC's Failure to Comply with Cou rt Order 304 is DENIED with leave to amend. Parties are permitted five business days to file a renewed motion to restrict, if any, consistent with the discussion held on record. Counterclaimant Atlantic Building Systems, LLC's Motion to Compel Discovery 213 is GRANTED IN PART as to interrogatory No. 3 and DENIED in all other respects. Plaintiff shall produce documents from October 13, 2011 through October 18, 2013 pertaining to court litigation and arbitration, as discussed, on or befor e August 29, 2014. General Steel's Motion for Sanctions Due to Spoliation of Evidence and Discovery Abuse 218 is GRANTED IN PART AND DENIED IN PART, as stated on record. Defendants shall produce documents, as discussed, on or before August 29 , 2014. Plaintiff's Motion to Compel Discovery Responses Pursuant to Rule 37(a), Fed. R. Civ. P. 225 is GRANTED. Defendants are directed to produce a list of former employees from December 23, 2013 through present on or before August 29, 2014. Counterclaimant Atlantic Building Systems, LLC's Second Motion to Compel Discovery 226 is GRANTED IN PART, DENIED IN PART, AND FOUND MOOT IN PART. Motion to Quash American Express Company Subpoena 242 is GRANTED. The extended discovery cuto ff referenced in Minute Order 253 shall include three additional potential deponents, as discussed. Defendants are directed to provide the policy related to commercial general liability insurance or an affidavit indicating there is no policy, as discussed, on or before August 13, 2014. FTR: KMT C201. (sgrim)

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

13-cv-00769-MSK-KMT
Sabrina Grimm

Date: July 30, 2014
FTR: Courtroom C-201

Parties:

Counsel:

GENERAL STEEL DOMESTIC SALES, LLC, d/b/a
GENERAL STEEL CORPORATION, a Colorado
limited liability company,

David Fein
Henry Solano
Patrick Frye
Adam Bialek
Laura Alos

Plaintiff,
v.
ETHAN DANIEL CHUMLEY, individually,
ATLANTIC BUILDING SYSTEMS, LLC, a Delaware
corporation, doing business as ARMSTRONG STEEL
CORPORATION,
PRQ INTERNET KOMMANDITBOLAG (LIMITED
PARTNERSHIP) doing business as PRQ INET KB, and
GOTTFRID SWARTHOLM, individually,

John Baird
Peter Lemire
Paul Grant

Defendants.

COURTROOM MINUTES

MOTIONS HEARING
1:30 p.m.

Court in session.

Court calls case. Appearances of counsel.
Also present and seated at Plaintiff’s table, Jeffrey Knight.
Discussion regarding pending motions to restrict and review of Local Rule 7.2. Counsel is
advised to review the docket sheet and pending motions to restrict to determine if the documents
should continue to be restricted.

ORDERED: Counterclaimant Atlantic Building Systems, LLC’s Motion to File its Reply
Brief in Support of Motion to Compel Discovery and Two Exhibits to Same
Under Level One Restriction [276] is DENIED with leave to amend. Parties
are permitted five business days to file a renewed motion to restrict, if any,
consistent with the discussion held on record.
ORDERED: Unopposed Motion to Implement Level 1 Restricted Access as to General
Steel’s Reply in Support of Motion for Sanctions Due to Spoliation of
Evidence and Discovery Abuse and Exhibits [281] is DENIED with leave to
amend. Parties are permitted five business days to file a renewed motion to
restrict, if any, consistent with the discussion held on record.
ORDERED: Unopposed Motion to Implement Level 1 Restricted Access as to Plaintiff’s
Reply in Support of Motion to Compel Discovery Responses Pursuant to
Rule 37(a), Fed. R. Civ. P. (CM-ECF # 225) and Exhibit 2 [287] is DENIED
with leave to amend. Parties are permitted five business days to file a
renewed motion to restrict, if any, consistent with the discussion held on
record.
ORDERED: Unopposed Motion to File its Reply to Motion to Quash American Express
Company Subpoena and Two Exhibits to Same Under Level One Restriction
[295] is HELD IN ABEYANCE. Defendants are given the opportunity to
review and supplement the motion consistent with the discussion held on
record.
ORDERED: Unopposed Motion to Implement Level 1 Restricted Access as to Defendants
Ethan Chumley’s and Atlantic Building Systems, LLC’s Motion for
Sanctions Pursuant to Fed.R.Civ.P. 37(b)(2) for Plaintiff General Steel
Domestic Sales, LLC’s Failure to Comply with Court Order [304] is
DENIED with leave to amend. Parties are permitted five business days to file
a renewed motion to restrict, if any, consistent with the discussion held on
record.
Discussion and argument regarding interrogatory No. 3 and No. 12 with respect to Motion [213].
ORDERED: Counterclaimant Atlantic Building Systems, LLC’s Motion to Compel
Discovery [213] is GRANTED IN PART as to interrogatory No. 3 and
DENIED in all other respects. Plaintiff shall produce documents from
October 13, 2011 through October 18, 2013 pertaining to court litigation and
arbitration, as discussed, on or before August 29, 2014.
Discussion and argument regarding alleged spoliation and potential production of emails and
sales scripts with reasonable variations of the search term “steel building complaints” or
“steelbuildingcomplaints” for any employee who was a current active employee from
June 1, 2012 through present.
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ORDERED: General Steel’s Motion for Sanctions Due to Spoliation of Evidence and
Discovery Abuse [218] is GRANTED IN PART AND DENIED IN PART, as
stated on record. Defendants shall produce documents, as discussed, on or
before August 29, 2014.
ORDERED: Plaintiff’s Motion to Compel Discovery Responses Pursuant to Rule 37(a),
Fed. R. Civ. P. [225] is GRANTED. Defendants are directed to produce a list
of former employees from December 23, 2013 through present on or before
August 29, 2014.
3:31 p.m.
3:42 p.m.

Court in recess.
Court in session.

Discussion and argument regarding interrogatory No. 2 and No. 3 with respect to Motion [226].
Mr. Baird states a full response was provided by Plaintiff to interrogatory No. 2 which pertains to
removed webpages.
Mr. Bialek confirms they have made a good faith attempt with respect to obtaining information
on the electronic brochure issue. He will provide a letter to defense counsel stating his findings.
ORDERED: Counterclaimant Atlantic Building Systems, LLC’s Second Motion to
Compel Discovery [226] is GRANTED IN PART, DENIED IN PART, AND
FOUND MOOT IN PART.
Court states the pending Motion to Quash American Express Company Subpoena [242] might be
related to other motions that will be heard at the subsequent motion hearing scheduled for
August 26, 2014.
Discussion and argument regarding American Express statements and potentially serving a
limited subpoena to American Express since the discovery period is closed.
ORDERED: Motion to Quash American Express Company Subpoena [242] is
GRANTED.
Discussion regarding three additional potential depositions.
ORDERED: The extended discovery cutoff referenced in Minute Order [253] shall
include three additional potential deponents, as discussed.
Discussion regarding commercial general liability insurance.
ORDERED: Defendants are directed to provide the policy related to commercial general
liability insurance or an affidavit indicating there is no policy, as discussed,
on or before August 13, 2014.
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4:15 p.m.

Court in recess.

Hearing concluded.
Total in-court time 2:34
*To obtain a transcript of this proceeding, please contact Avery Woods Reporting at [phone].

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