Murphy et al v. Lenderlive Network Inc

Filing 84

MINUTE ORDER : Granting in part and denying in part 67 Plaintiffs' Motion to Quash Depositions. Granting in part and denying in part 82 Defendant's Motion for Protective Order. Settlement Conference 11/12/2014 01:30 PM is vacated. Denying as moot 74 Plaintiffs' Motion to Appear by Telephone at Settlement Conference. Scheduling Order 21 is amended. Discovery due by 11/26/2014. By Magistrate Judge Michael J. Watanabe on 11/6/2014.(emill)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 13-cv-03135-RBJ-MJW
DOROTHY MURPHY, and
HEATHER CREAZZO,
on behalf of themselves and all others similarly situated,
Plaintiffs,
v.
LENDERLIVE NETWORK, INC.,
Defendant.

MINUTE ORDER
Entered by Magistrate Judge Michael J. Watanabe
District Judge R. Brooke Jackson has referred a number of motions to Magistrate
Judge Michael J. Watanabe. (Docket Nos. 79, 80, 83.) Judge Jackson has also
entered an order of reference granting the authority to handle discovery matters but not
the authority to alter the scheduling order. (Docket No. 75.) Based on communications
with Judge Jackson’s chambers, it appears that the order of reference is intended to
include the authority to extend the discovery cut-off but not other deadlines.
On October 21st and 22nd, 2014, Defendant served Plaintiffs with:
•
Notice of deposition of Pat Motley on November 5th at 9:30 AM;
•
Notice of deposition of Roseanne Jancevich on November 5th at 1:30 PM;
•
Notice of deposition of Lynne Morytko on November 6th at 9:30 AM;
•
Notice of deposition of Kathleen Jud on November 6th at 1:30 PM;
•
Notice of deposition of Jamye Allen on November 7th at 9:30 AM;
•
Notice of deposition of Lisa Nelson on November 7th at 1:30 PM;
•
Notice of deposition of Nicole Davidson on November 10th at 9:30 AM;
•
Notice of deposition of Dorothy Murphy on November 10th at 9:30 AM;
•
Notice of deposition of Erica Hill on November 10th at 1:30 PM;
•
Notice of deposition of Ceceille Binns on November 11th at 9:30 AM; and
•
Notice of deposition of Heather Creazzo on November 11th at 9:30 AM.
On November 4, 2014, Plaintiffs served Defendant with:
•
Re-notice of deposition of Richard Solheim on November 10th at 8:30 AM;
•
Re-notice of deposition of Ingrid Manns on November 11th at 8:30 AM;
•
Notice of deposition of Arron Spence on November 10th at 2:00 PM;

•
•

Notice of deposition of Kacie Cortez on November 11th at 2:00 PM; and
Subpoena for deposition of Geoffrey Geiersbach on November 11th at
10:00 AM.

The Court has considered the filings of the parties, the Federal Rules of Civil
Procedure, and the relevant case law. Now being fully informed, it is hereby ORDERED
that:
•

Plaintiffs’ Motion to Quash Depositions (Docket No. 67) and Defendant’s
Motion for Protective Order (Docket No. 82), are both GRANTED IN
PART and DENIED IN PART as set forth more fully below;

•

Plaintiffs’ Motion to Appear by Telephone at Settlement Conference
(Docket No. 74) is DENIED AS MOOT for the reasons set forth more fully
below;

•

The Scheduling Order (Docket No. 21) is AMENDED to extend the
discovery cut-off date to November 26, 2014;

•

All depositions currently scheduled to take place from November 5, 2014,
to November 11, 2014, are CANCELLED;

•

The eleven depositions noticed by Defendant may be re-noticed provided
(1) that the depositions notices are served by 5:00 P.M. on Monday,
November 10, 2014, and (2) depositions take place from Monday,
November 17, 2014, through Friday, November 21, 2014, unless the
parties file with the court a stipulation to the contrary. Defendant shall
confer with Plaintiffs as to a “convenient and cost effective” schedule and
location for these eleven depositions in accordance with Local Civil Rule
30.1, and Defendant shall file a notice with the Court setting forth both the
results of that conferral effort and the dates and times of the newly
scheduled depositions;

•

The five depositions noticed by Plaintiffs may be re-noticed provided (1)
that the depositions notices are served by 5:00 P.M. on Monday,
November 10, 2014, and (2) that the depositions take place from Monday,
November 24, 2014, through Wednesday, November 26, 2014, unless the
parties file with the court a stipulation to the contrary. Plaintiffs shall
confer with Defendant as to a “convenient and cost effective” schedule
and location for these five depositions in accordance with Local Civil Rule
30.1, and Plaintiffs shall file a notice with the Court setting forth both the
results of that conferral effort and the dates and times of the newly
scheduled depositions;

•

Based on the averments made in these motions and the parties’
confidential settlement statements (separately e-mailed to chambers), I

find that aSettlement Conference is premature and would not be a good
use of judicial resources. Accordingly, the Settlement Conference set on
November 12, 2014, at 1:30 PM is VACATED. The parties may request
that the Settlement Conference be reset after discovery is closed; and
•

The parties shall bear their own costs and fees as to all three motions
(Docket Nos. 67, 74, & 82).

Date: November 6, 2014