HomeMy WebLinkAbout2021-cv-2063-CNS-MEH - City Of Fort Collins V. Open International, Et Al. - 022 - Courtroom MinutesIN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
MAGISTRATE JUDGE NINA Y. WANG
Civil Action: 21-cv-02063-DDD-NYW Date: September 16, 2021
Courtroom Deputy: Brandy Wilkins FTR: NYW-FTR*
Parties Counsel
CITY OF FORT COLLINS,
Andrea A. Wechter
Case L. Collard
Maral Shoaei
Plaintiff,
v.
OPEN INTERNATIONAL, LLC,
OPEN INVESTMENTS, LLC,
Hannah E. Armentrout
Paul D. Swanson
Defendants.
COURTROOM MINUTES/MINUTE ORDER
TELEPHONIC SCHEDULING CONFERENCE
Court in Session: 9:32 a.m.
Appearances of counsel. Mr. John Duval appears as a representative for the City of Fort Collins.
Parties confirm that Initial Disclosures have been exchanged. Plaintiff anticipates beginning
production of documents in a few weeks.
Parties discuss if a protective order will be necessary in this case. Parties shall submit a proposed
Protective Order on or before September 24, 2021. If parties cannot reach agreement on the
terms, they may submit a proposed order with the competing clauses redlined in a single
document. If parties wish to brief the issue, briefs are limited to five pages or less, and should be
filed as attachments with the proposed Protective Order. Parties should comply with
D.C.Colo.LCivR 7.2(c) when filing documents under restriction.
Each side is allowed:
Ten (10) depositions; excluding experts, no deposition may exceed one day of seven hours;
Twenty-five (25) interrogatories, including discrete subparts;
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Twenty-five (25) requests for production of documents; and
Twenty-five (25) requests for admissions, excluding those used for authentication of documents.
Deadline to serve interrogatories, requests for production of documents, and requests for
admissions: April 11, 2022.
The court generally follows the advisory committee notes regarding 30(b)(6) depositions, which
allows one day of seven hours regardless of the number of designees. Parties should meet and
confer regarding how the 30(b)(6) deposition(s) shall count against the discovery limits, the
scope of topics, and length.
Deadline for joinder of parties and amendment of pleadings: November 1, 2021.
Discovery deadline: May 26, 2022.
Dispositive motion deadline: June 27, 2022.
Each side may designate two (2) specially retained expert witnesses.
All parties shall designate affirmative experts on or before: March 25, 2022.
All parties shall designate rebuttal experts on or before: April 25, 2022.
702 Motions Deadline: May 26, 20221
Parties should follow the practice standards of the presiding judge in all filings for this case.
Parties anticipate a seven-day jury trial.
TRIAL Generally, the Honorable Daniel D. Domenico will set Trial, Trial Preparation
Conference, and Final Pretrial Conference dates by minute order after the dispositive motions
deadline has passed and the court has issued ruling on all such motions.
Parties are advised of the informal discovery dispute process. Before filing discovery motions,
counsel are instructed to comply with D.C.COLO.LCivR 7.1(a) in an effort to resolve the issues.
If that is unsuccessful, parties shall initiate a conference call among themselves and then call
Magistrate Judge Wang’s chambers. If the Court is available, and the matter is determinable
without briefing, she will hear arguments and attempt to mediate a resolution. If the Court is not
available, or the matter is more complex, parties shall set a time for an informal discovery
conference. Parties may need to submit materials to chambers. Parties are not barred from filing
a formal motion, unless the court rules during the informal conference.
1 Pursuant to Judge Domenico’s Practice Standards, Rule 702 Motions are due 30 days after the
deadline for the disclosure of rebuttal witnesses. This Magistrate Judge inadvertently did not
articulate this deadline during the Scheduling Conference.
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Parties advised regarding COVID-19 pandemic procedures. Parties should adjust their practice to
accommodate for limited travel, alternative methods for depositions, and appearing remotely if
necessary. If parties seek an extension based on the pandemic, they will need to articulate good
cause and set forth an updated discovery plan. Parties that have health concerns with appearing
in person before this magistrate judge, may file a motion requesting to appear by remote means
at least seven days prior to any hearing. Parties should be aware of the Court’s COVID-19
guidance and public announcements located on our website at:
http://www.cod.uscourts.gov/CourtOperations/COVID-19Guidance.aspx
The Proposed Scheduling Order is approved and entered with interlineations made by the court.
Court in Recess: 9:49 a.m. Hearing concluded. Total time in Court: 00:17
*To order transcripts of hearings, please contact either AB Litigation Services at (303) 629-8534 OR
Patterson Transcription Company at (303) 755-4536.
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