Martensen v. Koch

Filing 353

MINUTE ENTRY for proceedings held before Magistrate Judge Craig B. Shaffer: In Court Hearing held on 3/3/2015. Granting in part and denying in part 146 Motion for Sanctions. FTR: Courtroom A-402. (amont)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Magistrate Judge Craig B. Shaffer
Civil Action: 13-cv-02411-REB-CBS
Courtroom Deputy: Amanda Montoya

Date: March 3, 2015
FTR – Reporter Deck-Courtroom A402

Parties:

Counsel:

KIRBY MARTENSENM

John Scott (by phone)
William Cohan (by phone)

Plaintiff,
v.
WILLIAM KOCH,

Melissa McCormick (by phone)
Moez Kaba (by phone)
Timothy Beyer

Defendant.

COURTROOM MINUTES/MINUTE ORDER
HEARING: IN COURT HEARING
Court in session: 01:36 p.m.
Court calls case. Appearances of counsel.
This hearing comes before the court in regards to MOTION [146] for Sanctions.
ORDERED: MOTION [146] for Sanctions is DENIED in part and GRANTED in part. The
motion is denied to the extent it seeks to disqualify Plaintiff’s counsel.
Within 24 hours of this ruling from the bench, Plaintiff’s counsel and Mr.
Martensen must physically return to defense counsel, all copies of the K&L Gates
memo within their possession, custody, or control. Within 24 hours of this ruling,
Plaintiff’s counsel and Mr. Martensen must identify by name, every person or
entity that they gave a copy of the K&L Gates memo to. Plaintiff’s counsel and
Mr. Martensen must also certify that they have fully complied with the courts
order.
Every person that was identified by Plaintiff’s counsel and Mr. Martensen as
having received a copy of the K&L Gates memo, must certify that they have
destroyed or returned the memo.

Plaintiff’s counsel and Mr. Martensen are precluded from using or referring to the
K&L Gates memo in any manner and for any purpose during trial.
Defendant Koch will be awarded fees and costs incurred from the preparation of
this motion with sanctions to be paid by Plaintiff’s counsel which they will be
jointly responsible for.
Defense counsel shall prepare an affidavit for the bill of costs for preparation of
the motion within 14 days of today. Plaintiff’s counsel will have 7 days after they
receive the affidavit to file a response.
Once the court has reviewed the bill of cost and the response, it will issue an order
awarding specific fees and costs.
This ruling was made from the bench and no written order will follow. Parties
have 14 days from today’s date to file an objection.
Discussion regarding MOTION [348] for In Camera Review.
Hearing Concluded.
Court in recess: 03:06 p.m.
Time in court: 01:30
To order transcripts of hearings with Magistrate Judge Shaffer, please contact Avery Woods Reporting at (303)
825-6119 or toll free at 1-800-962-3345.