Welsh v. Bishop et al

Filing 43

COURTROOM MINUTES/MINUTE ORDER for proceedings held before Magistrate Judge Craig B. Shaffer: Motion Hearing held on 3/3/2014. ORDERED: 37 Motion for Leave to File Amended Complaint is WITHDRAWN without prejudice. ORDERED: 29 Motion to Dismiss is WITHDRAWN without prejudice. ORDERED: 33 Motion for Protective Order to Stay Discovery is GRANTED in part and DENIED in part. FTR: Courtroom A402 - C. Covington. (ccovi)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Magistrate Judge Craig B. Shaffer
Civil Action: 13-cv-01721-PAB-CBS
Date:
March 3, 2014

FTR - Reporter Deck - Courtroom A402
Courtroom Deputy: Courtni Covington

Parties:

Counsel:

JARED WELSH,

Alison L. Ruttenberg (appearing by phone)

Plaintiff,
v.
NEIL BISHOP, et al.,

Alan N. Hassler

Defendants.

COURTROOM MINUTES/MINUTE ORDER
HEARING: MOTION HEARING
Court in Session:
1:32 p.m.
Court calls case. Appearances of counsel.
This matter is before the court regarding Plaintiff’s Motion for Leave to File Amended Complaint
[Doc. No. 37] and Defendants’ Motion for Protective Order to Stay Discovery Pending
Resolution of Qualified Immunity Issue [Doc. No. 33].
Discussion between the court and the parties regarding Motion for Leave to File Amended Complaint
[Doc. No. 37], changes that would be reflected in the new complaint, Plaintiff withdrawing the
current proposed amended complaint and re-filing a revised version, and allowing Plaintiff to
conduct a limited Rule 30(b)(6) deposition. The court cites relevant case law.
Counsel for Plaintiff represents she would like to withdraw Doc. No. 37.
ORDERED:

Plaintiff’s oral motion to withdraw Doc. No. 37 is GRANTED. Motion for
Leave to File Amended Complaint [Doc. No. 37, filed 1/31/2014] is
WITHDRAWN without prejudice.

ORDERED:

Defendants’ Motion for Protective Order to Stay Discovery Pending
Resolution of Qualified Immunity Issue [Doc. No. 33, filed 1/28/2014] is
GRANTED in part and DENIED in part.

The Motion is denied to the extent that the court will allow Plaintiff’s counsel
to take a Rule 30(b)(6) deposition of the appropriate county official or
witness for the limited purpose of identifying the John Does who were
decision makers and/or personally participated in the hold-back tray
situation. The court will allow that deposition to go forward for 90 minutes.
The Motion is granted to the extent all other discovery shall be STAYED
pending completion of the 30(b)(6) deposition and the filing of a new motion
for leave to file an amended complaint. Plaintiff shall have 30 days to
conduct that deposition and file a new motion.
Discussion between the court and Defense counsel regarding Defendants’ Motion to Dismiss [Doc.
No. 29] being largely rendered moot in light of today’s discussion. Defense counsel has no
objection to withdrawing their Motion to Dismiss.
ORDERED:

Defendants’ Motion to Dismiss Pursuant to Fed.R.Civ.P. 12(b)(1) and
12(b)(6) [Doc. No. 29, filed 12/31/2013] is WITHDRAWN without
prejudice.

Discussion between the court and counsel regarding Defendants’ discovery responses being re-sent
to Plaintiff.
HEARING CONCLUDED.
Court in recess:
2:20 p.m.
Total time in court: 00:48
To order transcripts of hearings with Magistrate Judge Shaffer, please contact Avery Woods
Reporting at [phone] or toll free at 1-800-962-3345.