Rivera v. National Credit Adjusters, L.L.C.
VACATED ORDER granting 29 Renewed Motion for the Court to Order the Defendant's Fed.R.CIV.P. 30(b)(6) Designated Representative(s) to Appear for Deposition(s) in Denver, Colorado on December 11, 2014 and Order to Show Cause, by Magistrate Judge Michael J. Watanabe on 12/10/2014. Show Cause Hearing set for 12/18/2014 01:45 PM in Courtroom A 502 before Magistrate Judge Michael J. Watanabe. (slibi, ) Modified on 12/10/2014 to vacate pursuant to 34 (slibi, ).
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 14-cv-01549-RBJ-MJW
NATIONAL CREDIT ADJUSTORS, L.L.C., a Kansas limited liability company,
PLAINTIFF’S RENEWED MOTION FOR THE COURT TO ORDER THE
DEFENDANT’S FED.R.CIV.P. 30(b)(6) DESIGNATED REPRESENTATIVE(S) TO
APPEAR FOR THE DEPOSITION(S) IN DENVER, COLORADO ON DECEMBER 11,
(Docket No. 29)
ORDER TO SHOW CAUSE
MICHAEL J. WATANABE
United States Magistrate Judge
On December 1, 2014, Plaintiff moved to compel Defendant’s Rule 30(b)(6)
deposition(s). (Docket No. 26.) As grounds for the motion, Plaintiff alleged that
repeated efforts to schedule the deposition(s) had failed to produce results. Plaintiff
further alleged that Defendant has a pattern of stalling its Rule 30(b)(6) depositions and
that, in at least three other cases with Defendant and Plaintiff’s counsel, Defendant has
stalled the depositions until faced with a court order.
District Judge R. Brooke Jackson referred the motion to the undersigned.
(Docket No. 27.) On December 2, 2014, I denied the motion without prejudice, ordered
the parties to immediately meet and confer regarding the Rule 30(b)(6) deposition, and
ordered them to file notice of the scheduled deposition(s) and deponent(s) or else show
cause why counsel for the parties should not be held in contempt of court. (Docket No.
28.) The Court’s CM/ECF system confirms that the order was electronically delivered to
Defendant’s counsel at firstname.lastname@example.org. There is no notice in the system that the
e-mail notice was returned as undeliverable.
On December 9, 2014, no notice of deposition(s) and deponent(s) was filed.
Rather, Plaintiff renewed its motion to compel the Rule 30(b)(6) deposition(s). (Docket
No. 29.) Judge Jackson referred the motion to me. (Docket No. 30.) Plaintiff’s counsel
alleges that he forwarded the Court’s December 2nd Order to Defendant’s counsel
three separate times, and attempted to meet and confer pursuant to that order four
separate times, all to no avail. (Docket No. 29 ¶ 10.)
Plaintiff notes that the same Defendant is already subject to an order from U.S.
Magistrate Judge Kathleen M. Tafoya to appear for Rule 30(b)(6) depositions on
December 11, 2014, in Haley v. National Credit Adjustors, LLC, Case No. 14-cv-02108WYD-KMT. The Court further notes that an identical motion is currently pending (and is
resolved contemporaneously herewith) in Perryman v. National Credit Adjustors, LLC,
Case No. 14-cv-02371-WYD-MJW. Plaintiff’s counsel suggests that the Rule 30(b)(6)
depositions for all three cases can be taken on that day, to minimize cost.
The Court notes that no motions for a protective order nor other filings regarding
these Rule 30(b)(6) depositions have been filed by Defendant.
WHEREFORE, based on the foregoing, it is hereby ORDERED that:
On DECEMBER 18, 2014, AT 1:45 P.M. in Courtroom A-502, Fifth Floor,
Alfred A. Arraj U.S. Courthouse, 901 19th Street, Denver, Colorado, a SHOW
CAUSE HEARING WILL BE HELD during which counsel for Defendant shall
show cause why he should not be held in contempt of court or face other
sanctions for his failure to comply with the Court’s December 2, 2014, Order;
Plaintiff’s Renewed Motion for the Court to Order the Defendant’s
Fed.R.Civ.P. 30(b)(6) Designated Representative(s) to Appear for the
Deposition(s) in Denver, Colorado on December 11, 2014 (Docket No. 29) is
Defendant’s Fed.R.Civ.P. 30(b)(6) Designated Representative(s) shall appear
for their depositions both individually and as corporate representatives of the
Defendant pursuant to Fed.R.Civ.P. 30(b)(6) starting at 9:00 a.m. Mountain
Time on December 11, 2014, in Denver, Colorado at Hunter & Geist Court,
Inc. Court Reporting, 1900 Grant Street, Suite 1025, Denver, Colorado
Defendant shall bear all fees, costs, and expenses associated with the
Dated: December 10, 2014
/s/ Michael J. Watanabe
Michael J. Watanabe
United States Magistrate Judge
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