IT Portfolio, Inc v. NER Data Corporation

Filing 36

COURTROOM MINUTES/MINUTE ORDER for Motion Hearing held on 11/5/2015 before Magistrate Judge Nina Y. Wang. The Unopposed Motion to Withdraw as Counsel of Record 24 is GRANTED. Defendants shall have counsel enter an appearance on or before December 11, 2015. A Status Conference is set for 12/14/2015 11:00 AM in Courtroom C204 before Magistrate Judge Nina Y. Wang. Verified Motion for Protective Order 26 is GRANTED IN PART and DENIED IN PART. Motion for Sanctions Pursuant to Fed. R. Civ. P. 37(d) 34 is DENIED with leave to refile. FTR: Courtroom C-204. (bsimm, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
MAGISTRATE JUDGE NINA Y. WANG

Civil Action:
Courtroom Deputy:

15-cv-00179-WYD-NYW
Brandy Simmons

Parties

Date: November 5, 2015
FTR: NYW COURTROOM C-204
Counsel

IT PORTFOLIO, INC.,

Dustin John Priebe

Plaintiff,
v.
NER DATA CORPORATION,

James Lee Gray

Defendant.

COURTROOM MINUTES/MINUTE ORDER

MOTION HEARING
Court in Session: 1:30 p.m.
Appearance of counsel. Mr. Mark Lessner and Mr. Jack Drose appear with Mr. Priebe. Mr. Steve
Oatway appears with Mr. Gray.
Discussion held regarding defendant’s plan for alternative counsel. Mr. Oatway believes they
will secure counsel within four weeks.
Discussion held regarding Unopposed Motion to Withdraw as Counsel of Record [24] filed
October 5, 2015.
ORDERED: The Unopposed Motion to Withdraw as Counsel of Record [24] is GRANTED.
J. Lee Gray is withdrawn as counsel of record for Defendant NER Data
Products and is removed from electronic service. Defendants shall have
counsel enter an appearance on or before December 11, 2015.

ORDERED: A further status conference is set for December 14, 2015, at 11:00 a.m. Parties
should be prepared to address when depositions will occur, and any
discovery deadlines that may be affected.
ORDERED: The court vacates the Final Pretrial Conference currently set for February 11,
2016, the proposed Pretrial Order deadline, The Discovery Deadline of
November 6, 2015, is extended for the sole purpose of allowing defendants to
respond to outstanding discovery, and for the 30(b)(6) depositions to occur.
ORDERED: Defendants outstanding discovery responses are due on or before December
21, 2015.
Discussion held on Verified Motion for Protective Order [26] filed October 6, 2015.
ORDERED: Verified Motion for Protective Order [26] is GRANTED IN PART and
DENIED IN PART. Defendant shall provide dates deponents are available
for a 30(b)(6) deposition in the New Jersey and Philadelphia area, to occur in
January 2016, at the latest.
Discussion held on Motion for Sanctions Pursuant to Fed. R. Civ. P. 37(d) [34] filed November
3, 2015.
ORDERED: Motion for Sanctions Pursuant to Fed. R. Civ. P. 37(d) [34] is DENIED with
leave to refile.
Court in Recess: 2:02 p.m.

Hearing concluded.

Total time in Court: 00:32

* To obtain a transcript of this proceeding, please contact Stevens-Koenig Reporting at [phone].