HomeMy WebLinkAbout2018CV217 - Montgomery V. Chernak, Howard & Brough - 036A - Requirement Of Practice Before Magistrate Judge MixREQUIREMENTS OF PRACTICE BEFORE MAGISTRATE JUDGE MIX
IT IS HEREBY ORDERED as follows:
1. Attorneys and pro se parties will cooperate with each other in providing available
dates for hearings and depositions.
2. Attorneys and pro se parties will promptly and courteously respond to each
other’s correspondence and phone calls.
3. Attorneys and pro se parties will promptly supplement disclosures and discovery
responses.
4. Attorneys and pro se parties will not make demeaning or abusive comments to
counsel, litigants, or deponents. If the conduct is not permitted before the Court
in person, it is not permitted in depositions.
5. Attorneys and pro se parties will fully confer about discovery disputes before
bringing them to the attention of the Court. While conferring, attorneys and pro se
parties will disclose every reason for their position regarding each discovery
dispute.
The steps for following the Magistrate Judge’s discovery dispute procedure are
as follows:
Step 1: Counsel meaningfully confer regarding one or more discovery disputes
pursuant to Local Rule 7.1A. Counsel may choose to confer about only one
dispute at a time or several disputes at once. This decision is up to counsel, not
the Court.
If the dispute relates to taking a deposition, see Step 2.A. below. If the
dispute relates to written discovery, see Step 2.B. below. If the dispute
relates to any other type of discovery issue, see Step 2.C. below.
Step 2.A.: If the dispute about taking a deposition is not resolved, counsel for the
party seeking the protective order must send an email addressed to
Mix_Chambers@cod.uscourts.gov and to opposing counsel stating that
the parties have a dispute about taking a deposition. The email must also
contain the case number, the name of the party seeking the protective
order, and the name of the deponent. The email should not contain
argument about the merits of the discovery issue. The deposition shall be
stayed pursuant to Local Rule 30.2(a) when the email is sent. The Court
will contact counsel within three (3) court business days to set a hearing
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on the dispute. The stay of the deposition shall remain in effect until the
Court issues its ruling.
Step 2.B.: If the dispute about written discovery (requests for production,
interrogatories, etc.) is not resolved, the moving party must complete the
written discovery dispute chart in the form attached. The moving party
must send the chart, the disputed discovery requests and the disputed
responses to opposing counsel and to the Court at
Mix_Chambers@cod.uscourts.gov. The Court will contact counsel within
three (3) court business days to set a hearing on the dispute.
Step 2.C.: If a dispute does not involve written discovery and is not resolved through
conferral with opposing counsel, counsel then must agree on a mutually
convenient time to call the Court for a discovery hearing regarding all
disputes about which they have fully conferred but failed to reach
agreement. Call 303-335-2770.
No attorney can insist on contacting the Court for a discovery hearing at a time
when another attorney is not available. If an attorney is not available for a
conference call to the Court for a discovery hearing when contacted by opposing
counsel, s/he must provide opposing counsel with alternate dates and times to
contact the Court. This eliminates the possibility that one party will have an unfair
advantage over another in preparation for a discovery hearing.
The Court is not responsible for assuring that multiple counsel for the same party
are on the line for a telephone hearing. The Court requires only one attorney of
record on the line for each party involved in the dispute. If counsel for a party
want co-counsel for the same party to participate in the telephone hearing, they
are responsible for ensuring that co-counsel are available to participate on the
date and time chosen by them for the hearing.
The Court will not continue hearings based on the sudden unavailability of
co-counsel for a party. As long as each party involved in the dispute is
represented by at least one attorney of record, the hearing will proceed.
Step 3: When counsel call the Court for the discovery hearing, the Court may
determine, off the record, whether the issue is appropriate for immediate
adjudication. If not, the Court will set the matter for a hearing at a mutually
convenient date and time in the future.
Step 4: If the matter is appropriate for immediate adjudication, the call will be
transferred to the courtroom and the hearing will be conducted. If the
judge determines that the matter is complex and briefing is required, the
judge will set a briefing schedule. If the judge is not immediately available,
the hearing will be set at a mutually convenient date and time in the future.
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Warnings: The discovery dispute process outlined above may be your only
opportunity to present legal authority supporting your position to the
Court. Hence, be prepared to do so at the time of the hearing.
Filing a disputed discovery motion without permission from the
court will result in the motion being stricken, and may result in the
imposition of sanctions. To the extent that these procedures conflict
with the Local Rules of the Court, these procedures take priority over
the Local Rules.
Spoliation is a discovery issue, and hence these procedures apply to
disputes regarding spoliation. If the alleged spoliation involves
written discovery, the parties shall use Step 2.B. above.
6. Attorneys and pro se parties will be fully prepared to make appropriate and
thorough arguments at all hearings.
7. Attorneys and pro se parties will be courteous to the Magistrate Judge’s staff
at all times.
8. Attorneys and pro se parties will read and follow Court orders.
9. If the Court takes a matter under advisement and has not issued a written
ruling within thirty (30) calendar days, attorneys and pro se parties will call (303)
335-2770 and politely inquire into the status of the Court’s ruling.
10. Attorneys and pro se parties will note that the Court reserves the right to
impose measured, proportionate sanctions for inappropriate conduct. Such
sanctions include private or in-court admonishment, award of costs for discovery
violations, referral to the disciplinary system of the Colorado bar, dismissal of
claims or defenses and monetary awards.
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Sample Written Discovery Dispute Chart1
Submitted by (Plaintiff/Defendant)
Case No: 00-cv-00001
No./Type of Discovery
Request
Disputed Response(s) or
Objection(s)
Problem With Response
Plaintiff’s Rog No. 2 1. Overbroad and
burdensome; 2. Vague
and ambiguous
Information sought is
reasonably defined and
limited in scope.
Plaintiff’s Rog No. 6 1. Confidential and
proprietary; 2. Remote in
time
No privilege log provided.
No explanation for time
objection.
General Objection No. 2 Responses are based on
information that is
presently available.
Not applied in any specific
response, therefore
waived.
Plaintiff’s RFP No. 8 1. Attorney-client privilege;
2. Not relevant; 3.
Overbroad and
burdensome; 4. Vague
and ambiguous
No privilege log provided.
Reasonably calculated to
lead to discovery of
admissible evidence.
Information sought is
reasonably defined and
scope is limited.
1 Acceptable abbreviations include “Rog” for Interrogatory, “RFP” for Request for Production;
“RFA” for Request for Admission; “SDT” for Subpoena Duces Tecum.
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