Sparks et al v. Duncan Race Cars, Inc. et al

Filing 81

MINUTE ORDER by Magistrate Judge Kristen L. Mix on 1/29/15. Peak Performance, LLC's Motion to Quash Subpoena [#24] is DENIED without prejudice. (Attachments: # 1 Attachment 1)(lgale, )

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 14-cv-00447-PAB-KLM JASON SPARKS, DEREK PARRIS, and ALEKSEY KAZAKOV, Plaintiffs, and DANIEL RAU, BRYAN CORBIN, and MICHAEL O’LOUGHLIN, Plaintiffs/Counterclaim Defendants v. DEVIN BREESE, and TERRY BREESE, Defendants, and DUNCAN RACE CARS, INC., doing business as Springs Auto & Truck Service Center, Inc., Defendant/Counterclaim Plaintiff. _____________________________________________________________________ MINUTE ORDER _____________________________________________________________________ ENTERED BY MAGISTRATE JUDGE KRISTEN L. MIX This matter is before the Court on non-party Peak Performance, LLC’s Motion to Quash Subpoena [#24]1 (the “Motion”). Defendants filed a Response [#29] to the Motion and Peak Performance, LLC filed a Reply [#32] in further support of the Motion. The Motion does not comply with the Court’s discovery procedures, which were made applicable to the case by the Scheduling Order. See Civil Scheduling Order [#20] at 5. Accordingly, 1 “[#24]” is an example of the convention I use to identify the docket number assigned to a specific paper by the Court’s case management and electronic case filing system (CM/ECF). I use this convention throughout this Minute Order. 1 IT IS HEREBY ORDERED that the Motion [#24] is DENIED without prejudice. IT IS FURTHER ORDERED that if non-party Peak Performance, LLC wishes to bring the dispute addressed in the Motion or any other dispute related to this litigation to the attention of the Court, it shall do so by following Magistrate Judge Mix’s discovery procedures. A copy of the discovery procedures is attached to this Minute Order. IT IS FURTHER ORDERED that counsel for Defendants Duncan Race Cars, Inc. d/b/a Springs Auto & Truck Service Center, Inc. shall provide a copy of this Order and the attachment to counsel for non-party Peak Performance, LLC on or before February 6, 2015. IT IS FURTHER ORDERED that counsel for Defendants Duncan Race Cars, Inc. d/b/a Springs Auto & Truck Service Center, Inc. shall file a certificate stating the date and method by which a copy of this Minute Order and the attachment were provided to counsel for non-party Peak Performance, LLC on or before February 10, 2015. Dated: January 29, 2015 2

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