Martensen v. Koch

Filing 65

COURTROOM MINUTES/MINUTE ORDER for proceedings held before Magistrate Judge Craig B. Shaffer: Motion Hearing held on 1/7/2014. ORDERED: 56 Motion to Amend and File Third Amended Complaint is GRANTED. Plaintiff's Third Amended Complaint is acc epted for filing as of today's date. ORDERED: 60 Motion for Leave to Restrict is DENIED. ORDERED: 36 Motion to Dismiss is DENIED as moot without prejudice. ORDERED: Defendants' new Motion to Dismiss directed to Plaintiff's Third A mended Complaint shall be filed by 1/21/2014. Response due 2/11/2014. A Motion Hearing regarding Defendants' new Motion to Dismiss is set for 2/24/2014 at 1:30 PM in Courtroom A 402 before Magistrate Judge Craig B. Shaffer. Written Reply due 2/1 8/2014, or counsel may present its Reply at the hearing. ORDERED: A Status Conference is set for 1/22/2014 at 2:00 PM in Courtroom A 402 before Magistrate Judge Craig B. Shaffer. All counsel are to be physically present. All discovery in the case shall be STAYED between now and the hearing set for 1/22/2014. ORDERED: Each side shall submit a Status Report by 1/17/2014. 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-02411-REB-CBS
Date:
January 7, 2014

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

Parties:

Counsel:

KIRBY MARTENSEN,

William A. Cohan
Brian K. Gearinger (appearing by phone)

Plaintiff,
v.
WILLIAM KOCH,

Timothy R. Beyer
Moez M. Kaba (appearing by phone)

Defendant.

COURTROOM MINUTES/MINUTE ORDER
HEARING: MOTION HEARING
Court in Session:
1:28 p.m.
Court calls case. Appearances of counsel.
The court reviews the referred motions in the case currently in the process of briefing and notes it
would also like to discuss the question of an in camera review requested by the Plaintiff.
Argument presented on Plaintiff’s Motion to Amend and File Third Amended Complaint [Doc.
No. 56]. The court cites relevant case law and addresses counsel.
Discussion between the court and the parties regarding Defendant’s Motion to Place a “Level One
Restriction” on Docket Nos. 53 and 53-1 and Docket Nos. 56 and 56-1 [Doc. No. 60].
Discussion between the court and counsel regarding a stay of discovery with respect to the new
Defendants that would be added by the Third Amended Complaint.
For the reasons stated on the record, it is
ORDERED:

Plaintiff’s Motion to Amend and File Third Amended Complaint [Doc. No.
56, filed 12/26/2013] is GRANTED. Plaintiff’s Third Amended Complaint
is accepted for filing as of today’s date.

ORDERED:

Because Defendant’s Motion to Dismiss [Doc. No. 36, filed 11/06/2013] was
directed to Plaintiff’s Second Amended Complaint, it is DENIED as moot
without prejudice.

The court advises counsel it believes Defendants’ new Motion to Dismiss directed to the Third
Amended Complaint will also be referred and would like to set it for a briefing schedule and for oral
argument.
ORDERED:

Defense counsel shall file their new Motion to Dismiss directed to Plaintiff’s
Third Amended Complaint no later than January 21, 2014. Plaintiff shall
file a Response no later than February 11, 2014.
A Motion Hearing on Defendants’ Motion to Dismiss directed to the Third
Amended Complaint is set for February 24, 2014 at 1:30 p.m. Any written
Reply shall be submitted no later than February 18, 2014, or counsel may
present an oral Reply at the Motion Hearing.

For the reasons stated on the record, it is
ORDERED:

Defendant’s Motion to Place a “Level One Restriction” on Docket Nos. 53
and 53-1 and Docket Nos. 56 and 56-1 [Doc. No. 60, filed 12/31/2013] is
DENIED.

Discussion between the court and counsel regarding the discovery that has been conducted thus far,
the discovery yet to be completed, depositions currently scheduled, and expert discovery.
ORDERED:

A Status Conference is set for January 22, 2014 at 2:00 p.m. All counsel
who have entered an appearance in the case are to be physically present.
Any counsel who will be unable to attend should file a Motion to Withdraw.
All discovery of any kind shall be STAYED between now and January 22,
2014.

Discussion regarding the court’s in camera review of documents listed on Defendant’s privilege log.
The court makes findings and advises the parties that the documents in question will RETAIN
privilege status and will not be subject to discovery.
ORDERED:

Each side shall submit a Status Report no later than January 17, 2014
detailing the discovery that has been completed and the discovery counsel
anticipate remains in the case.

The court reviews what the parties must include in their Status Report.
HEARING CONCLUDED.

Court in recess: 3:34 p.m.

Total time in court: 02:06

To order transcripts of hearings with Magistrate Judge Shaffer, please contact Avery Woods
Reporting at [phone] or toll free at 1-800-962-3345.