Norstar Residential, LLLP et al v. First Mercury Insurance Company

Filing 42

ORDER: Plaintiffs' Motion to Quash 22 is DENIED; The Motion to Stay 32 is DENIED; The Motion to Strike 35 is DENIED; Motion to Compel 19 and the Motion to Compel: Subpoenas 28 are TAKEN UNDER ADVISEMENT. by Magistrate Judge Boyd N. Boland on 10/21/13. (bnbcd, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Magistrate Judge Boyd N. Boland
Civil Action No. 13-cv-00785-WJM-BNB
NORSTAR RESIDENTIAL, LLLP, a Colorado limited liability limited partnership,
NORSTAR, INC., a Colorado corporation,
KELLY BEGG, individually,
WILDHORSE RIDGE, LLLP, a Colorado limited liability limited partnership, and
CONCERT AMERICAN HOMES, INC., a Colorado corporation,
Plaintiffs,
v.
FIRST MERCURY INSURANCE COMPANY,
Defendant.
______________________________________________________________________________
ORDER
______________________________________________________________________________
This matter arises on the following:
(1)

Defendant’s Motion for Order to Compel [Doc. # 19, filed 8/23/2013] (the

“Motion to Compel”);
(2)

Plaintiffs’ Motion to Quash Subpoenas and Motion for Protective Order

Regarding Written Discovery Request and Response to Defendant’s Motion to Compel
[Doc. # 22, filed 8/27/2013] (“Plaintiffs’ Motion to Quash”);
(3)

Defendant’s Motion to Compel Subpoenaed Documents [Doc. # 28, filed

9/16/2013] (the “Motion to Compel: Subpoenas”);
(4)

Plaintiffs’ Motion to Stay Complaint and Jury Demand [Doc. # 32, filed

9/17/2013] (the “Motion to Stay”); and
(5)

Defendant’s Motion to Strike Plaintiffs’ Motion to Stay [Doc. # 35, filed

9/24/2013] (the “Motion to Strike”).
I held a hearing on the motions this afternoon and made rulings on the record, which are
incorporated here. I ruled on Plaintiff’s Motion to Quash [Doc. # 22], the Motion to Stay [Doc.
# 32], and the Motion to Strike [Doc. # 35]; and I took under advisement the Motion to Compel
[Doc. # 19] and the Motion to Compel: Subpoenas [Doc. # 28].
IT IS ORDERED:
(1)

Plaintiffs’ Motion to Quash [Doc. # 22] is construed solely as a response to the

Motion to Compel, and is DENIED insofar as it seeks affirmative relief because it violates
D.C.COLO.LCivR 7.1C;
(2)

The Motion to Stay [Doc. # 32] is DENIED; and

(3)

The Motion to Strike [Doc. # 35] is DENIED.

Dated October 21, 2013.
BY THE COURT:
s/ Boyd N. Boland
United States Magistrate Judge

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