HomeMy WebLinkAbout2021-cv-2063-CNS-MEH - City Of Fort Collins V. Open International, Et Al. - 096 - Courtroom Minutes Discovery ConferenceIN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Magistrate Judge Michael E. Hegarty
Civil Action No: 21-cv-2063-CNS-MEH Date: August 12, 2022
Courtroom Deputy: Christopher Thompson FTR: Courtroom A 501
Parties: Counsel:
CITY OF FORT COLLINS, Case Collard
Andrea Wechter
Plaintiff & Counter Defendant,
v.
OPEN INTERNATIONAL, LLC, et al., Paul Swanson
Defendants & Counter Claimants.
COURTROOM MINUTES
DISCOVERY CONFERENCE
Court in session: 10:56 a.m.
Court calls case. Appearances of counsel.
Discussion held regarding the status of the case and the parties provide the Court background
information related to the case as Magistrate Judge Hegarty has been recently added to the case
in a referral role. The Court extends the Discovery Deadline to November 14, 2022.
Discussion held regarding the parties’ discovery disputes related to the Plaintiff’s requests for
Rule 30(b)(6) Depositions and the location of where the depositions should be held. The Court
agrees the depositions shall be completed in Miami, FL, but on the dates and times Plaintiff’s
counsel chooses.
ORDERED: The Discovery Deadline is extended to November 14, 2022,
The 30(b)(6) depositions at question shall be completed where the deponents are
located in Miami, FL, but on the days and times Plaintiff’s counsel chooses, as
stated on the record.
Court in recess: 11:35 a.m.
Court in session: 11:40 a.m.
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Discussion held regarding the Plaintiff’s discovery disputes related to former employee Jeff
Valdez. Defendants’ counsel notifies the Court Mr. Valdez lives in Columbia and Defendants’
counsel cannot accept service on his behalf since he is no longer employed by the Defendants.
Discussion held regarding the Plaintiff’s Motion for Protective Order to Require Defendants’
Compliance with the October 14, 2021, Stipulated Protective Order and the multiple Motions for
Leave to Restrict. Defendants believe the documents in question should not be privilege because
they had access to the documents during the project before the case was filed. The parties and
the Court discuss the “deliberative process privilege” regarding the documents at issue.
Discussion held regarding the Plaintiff’s notification to the Court and the Defendants of their
intention to file an Amended Complaint. The parties shall confer and submit a schedule to the
Court moving forward in the case, including expert witness designation dates, if they feel it is
needed.
ORDERED: Each side is allowed one (1) extra deposition; eleven (11) total.
The Plaintiff’s multiple Motions to Restrict, found on the docket at ECF 50, 53,
66, 69, 79, and 85, are provisionally GRANTED, as stated on the record.
Court in recess: 1:17 p.m. Hearing concluded.
Total in-court time: 02:11
*To obtain a transcript of this proceeding, please contact Patterson Transcription Company at (303) 755-4536 or AB
Litigation Services at (303) 629-8534.
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