Opinion
Civil Action No. 10-cv-01526-REB-KMT
08-03-2011
DAMON O. BARRY, Plaintiff, v. BANK OF AMERICA, N.A., and AURORA LOAN SERVICES, LLC, Defendants.
Magistrate Judge
FTR - Courtroom C-201
Deputy Clerk, Nick Richards
John G. Nelson
Eric Raymond Coakley
Kevin R. Dehring
COURTROOM MINUTES / MINUTE ORDER
MOTION HEARING
Court in session: 10:51 a.m.
Court calls case. Appearances of counsel. Present with Mr. Nelson is plaintiff, Mr. Damon O. Barry.
Motion Hearing is called regarding Defendant's Motion to Compel Discovery Responses and 26(A)(1) Documents Pursuant to Fed.R.Civ.P. 37 [Doc. No. 78, filed June 21, 2011] and Defendant's Motion for Discovery Sanctions Pursuant to Fed.R.Civ.P. 41, 37(D)(ii) and D.C.Colo.LCivR 30.3 [Doc. No. 81, filed June 30, 2011].
It is ORDERED: Defendant's Motion to Compel Discovery Responses [78] is GRANTED for reasons stated on the record. Defendant's Motion for Discovery Sanctions [81] is GRANTED to the extent the court grants and awards sanctions in the form of attorney fees and costs due to plaintiff's failure to obey an order to provide or permit discovery pursuant to Fed.R.Civ.P. 37(b)(2)(A).
It is ORDERED: Defense counsel shall submit a cost statement detailing their attorney fees and costs for filing the two motions on or before August 17, 2011. Plaintiff may reply as to the reasonableness of the fees on or before August 26, 2011.
The Court has reviewed the criteria under Ehrenhaus v. Reynolds, 965 F.2d 916 (10h Cir. 1992) to determine if extraordinary sanctions should be considered. Pursuant to Ehrenhaus, the Court shall issue a recommendation to the District Court to dismiss this matter with prejudice for failure to prosecute, failure to abide by court orders, and an appearance of the case being brought for improper purposes.
Court in Recess: 11:26 a.m.
Hearing concluded.
Total In-Court Time 00:35
*To obtain a transcript of this proceeding, please contact Avery Woods Reporting at (303) 825-6119.