White v. Weidner Property Management
COURTROOM MINUTES for Motion Hearing held on 6/2/2014 before Magistrate Judge Kathleen M. Tafoya. ORDERED: Motion for Sanctions for Failure to Comply with the Court's Order Granting Plaintiffs Motion to Compel 45 is GRANTED IN PART AND DEN IED IN PART. Plaintiff's Motion for Continuance for Plaintiff to Conduct Additional Discovery Pursuant to F.R.C.P. 56(d) Or, Alternatively, Motion to Deny Motion for Summary Judgment 53 is GRANTED. Plaintiff's response to the Motion f or Summary Judgment 50 is due on or before August 15, 2014. Defendant's reply to the motion is due on or before August 29, 2014. Telephonic Final Pretrial Conference is VACATED and RESET for November 4, 2014 at 9:00 a.m. The parties shall i nitiate a conference call and contact chambers at 303-335-2780 at the time of the Final Pretrial Conference. A Final Pretrial Order shall be prepared by the parties and submitted to the court no later than seven days before the Final Pretrial Conference. FTR: KMT C201. (Attachments: # 1 In Court Exhibit 1, # 2 In Court Exhibit 2) (sgrim)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Magistrate Judge Kathleen M. Tafoya
Civil Action No:
Date: June 2, 2014
FTR: Courtroom C-201
WEIDNER PROPERTY MANAGEMENT,
Court in session.
Court calls case. Appearances of counsel.
Discussion and argument regarding document production with respect to the Court’s previous
order , status of Defendant’s prior counsel, withholding, redacting, and production of
duplicate and/or confidential documents, re-deposing witnesses, and taking an additional
Ms. Felton tenders an exhibit subject to the provisions of the parties’ protective order to the
Court and opposing counsel for review to illustrate her argument concerning redactions made to
discovery documents. Court reviews the confidential exhibit and returns it to Ms. Felton.
Ms. Felton tenders Exhibit 1 and 2 to the Court for review. Exhibit 1 and 2 will be attached to
the Court’s minutes.
Ms. Robinson tenders an exhibit subject to the provisions of the parties’ protective order
(WPM001889) to the Court and opposing counsel again to illustrate another form of redaction on
discovery documents. Court reviews the confidential exhibit and returns it to Ms. Robinson.
Court states its findings.
ORDERED: Motion for Sanctions for Failure to Comply with the Court’s Order Granting
Plaintiff’s Motion to Compel  is GRANTED IN PART AND DENIED IN
Defendant is directed to produce all previously removed duplicate
responsive documents to Plaintiff on or before June 9, 2014, as discussed.
Redactions to discoverable documents may be appropriate in the event it
becomes necessary to publically file confidential documents produced in a
case. However, the type of redactions presented to the court should not
be affixed to a document produced to the opposing party where there is a
protective order in place and the documents are designated thereunder.
Therefore, all redactions made to documents subject to the parties’
protective order shall be removed and the unredacted form of the
discovery documents produced to the Plaintiff on or before June 9, 2014
As sanctions for Defendant’s failure to comply with discovery requests
and the court’s orders associated therewith, Plaintiff is permitted to redepose Jack O’Connor, Mia Chilman, and Robert Carr for a maximum
of three hours each. The scope of the re-depositions is limited, as stated
on record. Mr. O’Connor’s deposition shall be held in Denver, Colorado
and the Defendant shall be responsible for making all arrangements and
paying all costs to bring Mr. O’Connor to Denver for his deposition.
Defendant will subpoena Ms. Chilman to appear at the re-deposition and
will pay all costs associated with having Ms. Chilman served in
connection with her re-deposition.
Defendant shall pay to the Plaintiff up to three hours per deposition of
reasonable attorney fees incurred to take the re-depositions necessitated
by Defendants’ failure to timely produce discovery. The Plaintiff is also
entitled to reimbursement of attorney’s fees from Defendant for
Plaintiff’s counsel’s travel time to the depositions and any necessary
expenses, such as parking fees, to attend the three depositions.
In order to balance the prejudice to Plaintiff incurred by Defendant’s late
disclosures, Plaintiff is permitted to depose Ricardo Chinas for up to
seven hours. Plaintiff shall be responsible for all her own costs associated
with taking the deposition, including service of process.
The four depositions shall be completed by Plaintiff on or before July 15,
2014. The defendant will cooperate with obtaining the depositions on or
before this date.
Plaintiff is awarded $1,500.00 as costs incurred in making the motion.
The amount is a sanction against Defendant Weidner ONLY and not
against counsel for Weidner. The amount is due and payable to plaintiff
on or before July 2, 2014.
The motion is DENIED in all other respects.
ORDERED: Plaintiff’s Motion for Continuance for Plaintiff to Conduct Additional
Discovery Pursuant to F.R.C.P. 56(d) Or, Alternatively, Motion to Deny
Motion for Summary Judgment  is GRANTED. Plaintiff’s response to
the Motion for Summary Judgment  is due on or before August 15, 2014.
Defendant’s reply to the motion is due on or before August 29, 2014.
ORDERED: Telephonic Final Pretrial Conference is VACATED and RESET for
November 4, 2014 at 9:00 a.m. The parties shall initiate a conference call
and contact chambers at 303-335-2780 at the time of the Final Pretrial
Conference. A Final Pretrial Order shall be prepared by the parties and
submitted to the court no later than seven days before the Final Pretrial
Court in recess.
Total in-court time 02:21
*To obtain a transcript of this proceeding, please contact Avery Woods Reporting at (303) 825-6119.
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?