Opinion
Civil Action No. 07-cv-00916-LTB-BNB, (Consolidated with 07-cv-01025-REB-MJW).
January 26, 2009
ORDER
This matter arises on Plaintiffs' Motion to Compel Third Party Witness Thomas O'Connor to Appear for His Scheduled Deposition on January 20, 2009 [Doc. # 103, filed 1/9/2009] (the "Motion to Compel"). I held a hearing on the Motion to Compel and made rulings on the record, which are incorporated here. In summary and for the reasons stated on the record:
IT IS ORDERED that the Motion to Compel is DENIED.
IT IS FURTHER ORDERED that the plaintiffs may conduct a Rule 30(b)(6) deposition of DCP Midstream LLC to inquire about the report titled "DCP Midstream . . . A Consistent Success Story" [Doc. # 103-4] and its contents. DCP's Rule 30(b)(6) deponent shall be made available for questioning in Denver, Colorado, at a date and time as the parties may agree, but not later than February 13, 2009.
IT IS FURTHER ORDERED that the discovery cut-off is extended to and including February 13, 2009.