Stake Center Locating v. Logix Communications

Filing 63

MEMORANDUM DECISION granting 24 Motion for Protective Order; granting in part and denying in part 25 Motion for Protective Order; denying 26 Motion for Protective Order; granting 28 Motion to Compel; granting in part and denying in part 29 Motion for Extension of Time to Complete Discovery. Signed by Magistrate Judge Dustin B. Pead on 03/17/2015. (tls)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF UTAH, CENTRAL DIVISION

STAKE CENTER LOCATING,

MEMORANDUM DECISION

Plaintiff,

Case No. 2:13-cv-01090-TS-DBP

v.

District Judge Ted Stewart

LOGIX COMMUNICATIONS,

Magistrate Judge Dustin B. Pead

Defendant.

This matter was referred to the Court under 28 U.S.C. § 636(b)(1)(A). (Dkt. 23.) The case
involves an alleged breach of a contract for provision of underground utility locating services. It
is presently before the Court on five separate discovery motions filed by the parties. Four of the
motions seek to compel or prohibit depositions of various individuals. (See Dkt. 24; Dkt. 25;
Dkt. 26; Dkt. 28.) The fifth motion seeks to compel interrogatory responses and documents from
Defendant Logix Communications (“Logix”). (Dkt. 29.) The Court ruled on the motions orally
during the 9:00 a.m. hearing on March 17, 2015. This Memorandum Decision provides a
summary of the Court’s rulings for the parties’ reference.
Orders
I.

Plaintiff SCL’s “Motion for Protective Order Regarding Defendant Logix’s
Notices of Videotaped Depositions of Kathy Code and Chuck Schvaneveldt.”
Plaintiff Stake Center Locating (“SCL”) moves to strike Logix’s second notices of

deposition of Kathy Code and Chuck Schvaneveldt, and prohibit those depositions. (Dkt. 24.)
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The Court has reviewed the parties briefing on the matter. (See id.; Dkt. 27; Dkt. 32.) For the
reasons set forth on the record, the Court GRANTS SCL’s motion for protective order.
II.

Logix’s “Motion to Extend Fact Discovery to Permit Depositions.”
Logix moves to extend discovery and take the deposition of Mr. Jeremy Stone. (Dkt. 29.)

The Court has reviewed the parties’ briefing. (See id.; Dkt. 33.) For the reasons set forth on the
record, the Court GRANTS IN PART and DENIES IN PART Logix motion. (Dkt. 29.) Logix
shall be allowed to take Mr. Stone’s deposition, so long as it does so by April 28, 2015. The
parties may stipulate to extend this deadline until May 12, 2015. Unless the parties obtain leave
of court, the Stone deposition shall not occur after May 12, 2015. Discovery is not extended,
with the exception of the Stone deposition and certain other matters as specifically addressed
below.
III.

Logix’s “Motion for Protective Order Regarding Plaintiff’s Notices of
Videotaped Depositions of Ron Henriksen and Sheri Henriksen.”
Logix moves to prohibit SCL from taking depositions of Ron and Sheri Henriksen. (Dkt.

25.) During the March 17 hearing, SCL conceded this motion insofar as it involves Sheri
Henriksen. The Court has reviewed the parties’ briefing on the motion. (See id.; Dkt. 30.) For the
reasons set forth on the record, the Court GRANTS IN PART and DENIES IN PART the
motion for protective order. SCL is prohibited from taking the deposition of Ms. Sheri
Henriksen. SCL shall be allowed to take Mr. Ron Henriksen’s deposition, so long as it does so
by April 28, 2015. The parties may stipulate to extend this deadline until May 12, 2015. Unless
the parties obtain leave of court, Mr. Henriksen’s deposition shall not occur after May 12, 2015.
IV.

Logix’s “Motion for Protective Order Regarding Plaintiff’s Notice of Deposition
of Jason Hargis.”
Defendant Logix moves for a protective order prohibiting SCL from taking Jason Hargis’

deposition. (Dkt. 26.) The Court has reviewed the parties’ briefing on the motion. (See id.; Dkt.
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31.) For the reasons stated on the record during the March 17 hearing, the Court DENIES the
motion for protective order. (Dkt. 26.) SCL shall be allowed to take Mr. Hargis’ deposition, so
long as it does so by April 28, 2015. The parties may stipulate to extend this deadline until May
12, 2015. Unless the parties obtain leave of court, the deposition shall occur no later than May
12, 2015.
V.

SCL’s “Motion to Compel Defendant Logix Communications, L.P., to Respond
to Interrogatories and Requests for Production of Documents.”
SCL moves to compel Logix to provide amended answers to interrogatories and provide

documents responsive to discovery requests. (Dkt. 28.) Defendant Logix did not file any written
opposition to SCL’s motion to compel. “Failure to respond timely to a motion may result in the
court's granting the motion without further notice.” D. U. Civ. R. 7-1(d). For the reasons
expressed on the record during the March 17 hearing, the Court GRANTS SCL’s motion based
on Logix’s lack of opposition. (Dkt. 28.) Logix must provide amended answers to interrogatories
and responsive documents no later than April 28, 2015. The parties may stipulate to extend this
deadline until May 12, 2015. Unless the parties obtain leave of court, the amended discovery
responses must be provided no later than May 12, 2015.
IT IS SO ORDERED.
Dated this 17th day of March, 2014.

By the Court:

Dustin B. Pead
United States Magistrate Judge

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