Smith et al v. USA

Filing 52

MINUTE ORDER granting 43 Motion to Delay Requirements ofFed. R. Civ. P. 26(f) and granting 49 Motion for Entry of a Protective Order. The parties shall conduct a Fed. R. Civ. P. 26(f) conferencewithin thirty days of resolution of Defendant' ;s Motion to Dismiss [# 9 ], if necessary. Until the Rule 26(f)(1) conference is held,there is no deadline to make disclosures and no party is permitted to conduct discovery. Until the Rule 26(f)(1) conference is held,there is no deadline to make disclosures and no party is permitted to conduct discovery. By Magistrate Judge Kristen L. Mix on 11/20/2013.(klyon, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 13-cv-01156-MSK-KLM
DAVID L. SMITH, and
M. JULIA HOOK,
Plaintiffs,
v.
UNITED STATES OF AMERICA,
Defendant.
_____________________________________________________________________
MINUTE ORDER
_____________________________________________________________________
ENTERED BY MAGISTRATE JUDGE KRISTEN L. MIX
This matter is before the Court on Defendant’s Motion to Delay Requirements of
Fed. R. Civ. P. 26(f) [#43] and on Defendant’s Motion for Entry of a Protective Order
[#49].
IT IS HEREBY ORDERED that the Motion to Delay Requirements of Fed. R. Civ.
P. 26(f) [#43] is GRANTED. The parties shall conduct a Fed. R. Civ. P. 26(f) conference
within thirty days of resolution of Defendant’s Motion to Dismiss [#9], if necessary.1
IT IS FURTHER ORDERED that the Motion for Entry of a Protective Order [#49] is
GRANTED. The Rule 26(f)(1) conference triggers the time for making initial disclosures
and the time for commencement of discovery. Until the Rule 26(f)(1) conference is held,
there is no deadline to make disclosures and no party is permitted to conduct discovery.
See Fed. R. Civ. P. 26(a)(1)(C) and (d). Thus, Plaintiffs’ attempt to propound discovery on
Defendant is premature.

Dated: November 20, 2013

1

The parties dispute whether a Rule 26(f) conference has already occurred. See
Response [#4]. Regardless, as the Court has already informed Plaintiffs, discovery at this point of
the litigation is premature. See Minute Order [#41]. If Defendant’s Motion to Dismiss [#9] is not
granted in full, the parties are directed to hold a Rule 26(f) conference to discuss the issues
mandated by the Rule and to trigger the commencement of discovery. A Scheduling Conference
will be held shortly thereafter to set discovery limits and deadlines in this matter.