EEOC v. Jetstream Ground Services, Inc.

Filing 171

COURTROOM MINUTES for Motion Hearing held on 7/28/2015 before Magistrate Judge Kathleen M. Tafoya. ORDERED: Plaintiff EEOC's Motion for Sanctions under Rules 30 and 37 of the Federal Rules of Civil Procedure 156 is GRANTED IN PART consistent with the record. Plaintiff shall complete the Graves deposition, as discussed, on or before August 31, 2015. FTR: KMT C201. (sgrim)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Magistrate Judge Kathleen M. Tafoya
Civil Action No:
Courtroom Deputy:

13-cv-02340-CMA-KMT
Sabrina Grimm

Date: July 28, 2015
FTR: Courtroom C-201

Parties:

Counsel:

EQUAL EMPLOYMENT OPPORTUNITY
COMMISSION,

Iris Halpern
Wasan Awad

Plaintiff,
v.
JETSTREAM GROUND SERVICES, INC.,

Andrew Volin
Matt Morrison

Defendant.

COURTROOM MINUTES

MOTION HEARING
1:29 p.m.

Court in session.

Court calls case. Appearances of counsel.
Also present, Hunter Swain, on behalf of the Plaintiff Intervenors.
Discussion and argument regarding insurance charts, insurance companies, deposition topics,
insurance costs, and clarification on the topics that are excluded from trial.
The court finds: The court previously held that insurance charts were to be excluded as evidence
because the original production of the summary charts was too late in the discovery process.
(See Doc. No. 134, Minutes February 25, 2015.) The court finds that summary, line-item charts
which are created by the insurance companies regarding specific workers compensation injuries
will not be admissible for any purpose unless the documents which support the line items in the
charts have been produced to the Plaintiff during the discovery period. To the extent the
insurance companies maintained “claim files” in their possession as part of the management of a
worker’s compensation claim on behalf of Jetstream, this fact should have been disclosed early
in discovery and those claim files should have been produced to Plaintiff unless otherwise
objectionable. Instead, Plaintiffs did not learn until very late in the discovery period that such
files and documentation was in the possession of the non-party insurance carriers, not in the
possession of Jetstream. To the extent the insurance company claim files contain underlying
evidence supporting the “charts” or summaries sent to their client Jetstreem, that evidence was

not produced to the Plaintiff in discovery in response to requests for injury records and claim
files. The Defendant is prohibited from using or relying on information contained in an
insurance company summary chart if the underlying supporting evidence was not produced to
Plaintiff in response to Plaintiff’s propounded discovery requests.
ORDERED: Plaintiff EEOC’s Motion for Sanctions under Rules 30 and 37 of the Federal
Rules of Civil Procedure [156] is GRANTED IN PART consistent with the
record.
ORDERED: Plaintiff shall complete the Graves deposition, as discussed, on or before
August 31, 2015.
2:59 p.m.

Court in recess.

Hearing concluded.
Total in-court time 01:30
*To obtain a transcript of this proceeding, please contact Avery Woods Reporting at [phone].

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