Hasco, Inc. of New Mexico v. First American Title Insurance Company

Filing 28

COURTROOM MINUTES/MINUTE ORDER for proceedings held before Magistrate Judge Michael J. Watanabe: Motion Hearing held on 1/15/2014. Granting in part and denying in part 20 Defendant's Motion to Compel. Deadline for Plaintiff to supplement r esponses to Interrogatories 13 and 14 is 1/29/2014. Plaintiff shall provide bates stamp numbers. Deadline for Plaintiff to provide notarized signature pages is 1/29/2014. Deadline for Plaintiff to provide copy of appraisal by Randy Perry is 1/22/2014. Granting Joint Oral Motion to Extend Deadlines. Scheduling Order 14 is amended. Discovery due by 3/14/2014. Dispositive Motions due by 4/14/2014. Court Reporter: FTR - Ellen E. Miller. FTR: Courtroom A502. (mjwcd)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Magistrate Judge Michael J. Watanabe
Civil Action No. 13-cv-01702-RM-MJW

FTR - Courtroom A-502

Date:

Courtroom Deputy, Ellen E. Miller

January 15, 2014

Counsel

Parties
HASCO, INC., OF NEW MEXICO,

David R. Ball

Plaintiff(s),
v.
FIRST AMERICAN TITLE INSURANCE COMPANY,

Steven P. Bailey

Defendant(s).

COURTROOM MINUTES / MINUTE ORDER
HEARING:
TELEPHONIC MOTION HEARING
Court in Session:
1:33 p.m.
Court calls case. Appearances of counsel.
The Court raises Defendant’s Motion to Compel [Docket No. 20] for argument.
Discussion is held regarding the Plaintiff’s responses to Defendant’s first set of Interrogatories
and Requests for production of documents. (filed as attachment 20-1).
It is noted responses have been provided in the forms of correspondence , original responses,
supplemental and second supplemental responses. The second supplemental response were
sent by email from Plaintiff to Defendant last night. Those supplemental responses are now
emailed to the Court for the purposes of this hearing.
Defendant notes the signature pages of the responses are not notarized.
It is ORDERED:

On or before JANUARY 29, 2014, Plaintiff shall provide signature pages
with notarized signatures as to each set of responses. Any future
responses shall be filed with signature under notary.

As to the Requests for Production 1, 2, and 3, Plaintiff represents that there are no further
documents to be produced. The earlier appraisal done by Randy Perry will be provided.
It is ORDERED:

On or before JANUARY 22, 2014, Plaintiff shall provide to Defendant a
copy of the earlier appraisal on the subject property done by Randy Perry.

Defendant advises the Court which responses to Interrogatories are not in dispute:
1, 2, 3, 4, 5, 10, 12, and 15
Defendant advises the Court which responses to Interrogatories are in dispute:
6, 7, 8, 9, 11, 13, 14, 16, and 17.
It is ORDERED:

Defendant’s MOTION TO COMPEL [Docket No. 20, filed December 19,
2013] is GRANTED IN PART and DENIED IN PART.
Each party shall pay its own attorneys fees and costs of this subject
motion.

That portion of the Motion to Compel which addresses the Requests for Production is DENIED
WITHOUT PREJUDICE for reasons as set forth on the record.
That portion of the Motion to Compel which addresses Interrogatories numbered 6, 7, 8, 9, 11,
16, and 17 is DENIED for reasons as set forth on the record.
That portion of the Motion to Compel which addresses Interrogatories numbered 13 and 14 is
GRANTED for reasons as set forth on the record. Responses to Interrogatory 13 and
Interrogatory 14 are found to be deficient and shall be supplemented.
It is ORDERED:

On or before JANUARY 29, 2014, Plaintiff shall provide Supplemental
responses to Interrogatories 13 and 14.

It is ORDERED:

Plaintiff shall provide bates stamp numbers for all various supplemental
correspondence and documents recently delivered to Plaintiff.
As the bates stamp numbered documents may relate to more than one
Interrogatory, Plaintiff shall identify each, any and all Interrogatories to
which the numbers are applicable.

Parties make a Joint Oral Motion to Extend certain deadlines.
It is ORDERED:

The JOINT ORAL MOTION to Extend certain deadlines is granted.
Therefore, the Scheduling Order [Docket No. 14, filed August 26, 2013] is
amended.
Discovery Cut-off is extended to MARCH 14, 2014
Dispositive Motion Deadline is extended to APRIL 14, 2014.

The Final Pretrial Conference remains set May 05, 2014 at 9:00 a.m. Deadline to file proposed
Final Pretrial Order remains set April 28, 2014.

Hearing concluded.
Court in recess: 3:00 p.m.

Total In-Court Time:

To order a transcript of this proceedings, contact Avery Wood Reports

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