Lucas v. Office of the Colorado State Public Defender, The et al
Filing
44
COURTROOM MINUTES/MINUTE ORDER for proceedings held before Magistrate Judge Craig B. Shaffer: Motion Hearing held on 1/13/2016. Granting in part and denying in part 39 Motion to Compel. The court will not award fees and costs in regards to motion 39 . Denying without prejudice 42 Motion to Amend/Correct/Modify. Parties shall submit a proposed protective order to the court by 1/20/2016. 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‐00713‐CBS
Date: January 13, 2016
Courtroom Deputy: Amanda Montoya
FTR – Reporter Deck‐Courtroom A402
Parties:
Counsel:
ROGER J. LUCAS,
Pro se
Plaintiff,
v.
OFFICE OF THE COLORADO STATE
PUBLIC DEFENDER, THE,
Douglas Cox
Defendant.
COURTROOM MINUTES/MINUTE ORDER
HEARING: MOTION HEARING
Court in session: 01:27 p.m.
Court calls case. Appearances of counsel.
ORDERED: [42] Motion for Leave to Amend Complaint to Add Violations of Procedural Due
Process Under 42 U.S.C. 1983 is DENIED without prejudice. The motion does not
comply with the Local Rules as it did not contain a proposed amended complaint.
Discussion and argument regarding [39] Motion to Compel Discovery.
ORDERED: Parties shall put together and submit to the court a proposed protective order
that is respectful of the privacy of all parties and non‐parties of this case. The
protective order shall be submitted to the court by January 20, 2016.
[39] Motion to Compel Discovery is GRANTED in part and DENIED in part. The
motion is granted to the extent the court REQUIRES the Defendant to
supplement within 2 weeks, their response to request for production #3. The
supplemental response must comply is all respects with Fed. R. Civ. P. Rule
26(b)(1), Rule 34(b), and the prevailing case law in the advisory committee notes.
The motion is denied without prejudice to the extent it seeks to compel further
responses for request for production #2. The court will allow the Plaintiff to take
a 30(b)(6) deposition of an IT person at the State Public Defender’s Office that
can address the policies and practices for retaining and preserving e‐mails and
who can speak to the relative accessibility of e‐mails going back to the particular
time frame in question. The deposition may take no longer than two hours. The
Plaintiff may renew his motion to compel in regards to request for production #2
after the 30(b)(6) deposition, on a good faith basis. In all other respects, the
motion is denied.
The court will not award fees and costs. Each party will bear their own fees and
costs.
Mr. Lucas addresses the court in regards to filing an amended complaint. Discussion regarding
the new claim that would be added. Both parties intend on filing a motion for summary
judgment. The court will not set a trial date until those motions are filed.
HEARING CONCLUDED.
Court in recess: 03:47 p.m.
Total time in court: 02:20
To order transcripts of hearings please contact Stevens-Koenig Reporting at (303) 988-8470.
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