Burry v. CACH, LLC et al

Filing 23

COURTROOM MINUTES/MINUTE ORDER for proceedings held before Magistrate Judge Craig B. Shaffer: Scheduling Conference held on 4/21/2015. Discovery due by 7/20/2015. Dispositive Motions due by 8/20/2015. Final Pretrial Conference set for 9/29/2015 09:00 AM in Courtroom A 402 before Magistrate Judge Craig B. Shaffer. Withdrawing without prejudice 12 Motion for Sanctions. Granting 20 Motion for Leave. FTR: Courtroom A-402. (amont)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Magistrate Judge Craig B. Shaffer
Civil Action: 15-cv-00366-WYD-CBS
Courtroom Deputy: Amanda Montoya

Date: April 21, 2015
FTR – Reporter Deck-Courtroom A402

Parties:

Counsel:

DEVITT BURRY,

Vicki Piontek

Plaintiff,
v.
CACH, LLC, et al.,

Manuel Newburger

Defendant.

COURTROOM MINUTES/MINUTE ORDER
HEARING: TELEPHONIC RULE 16(b) SCHEDULING CONFERENCE
Court in session: 08:58 a.m.
Court calls case. Appearances of counsel.
The court received two proposed scheduling orders, one from each side. Parties disagree as to
whether or not a 26(f) conference took place. Parties agree that e-mails were exchanged, but the
substance of the e-mails are debated.
Discussion regarding settlement, pending motions, and depositions.
THE FOLLOWING WILL CONFIRM THE ACTIONS TAKEN AND DATES SET AT
THE SCHEDULING CONFERENCE HELD THIS DATE:
Each side shall be limited to 5 depositions.
Each side shall be limited to 15 interrogatories, 15 requests for production, and 15 requests for
admission.
Discovery Cut-off: July 20, 2015
Dispositive Motions Deadline: August 20, 2015
Parties do not anticipate the use of experts.
Interrogatories, requests for Production of Documents and Requests for Admissions shall be
served no later than THIRTY THREE DAYS prior to close of discovery.

FINAL PRETRIAL CONFERENCE is set for September 29, 2015 at 9:00 a.m.
Final Pretrial Order is due no later than SEVEN (7) CALENDAR DAYS before the Final
Pretrial Conference.
(See the court’s website for Instructions for Preparation and Submission)
Counsel may not file any OPPOSED discovery motions without leave of court. Counsel are
instructed that should a discovery dispute arise they are to comply with Local Rule 7.1A. in
an effort to resolve the issues. If that is unsuccessful, counsel shall establish a conference
call adding Magistrate Judge Shaffer as the last connection. The Court will hear
arguments and attempt to mediate a resolution. The Court will instruct counsel at that time
as to whether or not to file a discovery motion.
The Plaintiff will send their initial disclosures to the Defendant today.
Further discussion regarding Defendant CACH, LLC’s MOTION [12] for Relief Pursuant to 28
U.S.C. § 1927. Mr. Newburger makes oral motion to withdraw this motion without prejudice.
ORDERED: Mr. Newburger’s oral motion is GRATNED and Defendant CACH, LLC’s
MOTION [12] for Relief Pursuant to 28 U.S.C. § 1927 is WITHDRAWN
without prejudice.
Plaintiff’s MOTION [20] for Leave to File a Sur-reply in Response to
Defendant’s Reply on the Motion for Relief Pursuant to 28 USC § 1927 is
GRANTED.
The court suggests that counsel take depositions remotely or at least in the most cost efficient
manner possible.
A formal Scheduling Order will not be issued. This Minute Order will act as the Scheduling
Order.
Hearing concluded.
Court in recess: 09:57 a.m.
Total time in court: 00:59
To order transcripts of hearings please contact Avery Woods Reporting at [phone].