Jorgensen v. Diversified Collection Servs., Inc.

Full title: JANA JORGENSEN, Plaintiff, v. DIVERSIFIED COLLECTION SERVICES, INC.,and…

Court: UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO

Date published: Jan 23, 2013

Civil Action No. 12-cv-01099-MSK-KMT (D. Colo. Jan. 23, 2013)

Opinion

Civil Action No. 12-cv-01099-MSK-KMT

01-23-2013

JANA JORGENSEN, Plaintiff, v. DIVERSIFIED COLLECTION SERVICES, INC.,and DOES 1-10, inclusive, Defendants.

Kathleen M. Tafoya

Magistrate Judge Kathleen M. Tafoya

FTR - Courtroom C-201

Deputy Clerk, Nick Richards

Lark H. Fogel

Joseph J. Lico

COURTROOM MINUTES / MINUTE ORDER

MOTION HEARING
Court in session: 10:08 a.m.
Court calls case. Appearances of counsel.
Motion Hearing called regarding Defendant Diversified Collection Services, Inc.'s Motion to Compel Discovery Responses [Doc. No. 16, filed November 28, 2012]. It is ORDERED:

Defendant Diversified Collection Services, Inc.'s Motion to Compel Discovery Responses [16] is GRANTED IN PART AND DENIED IN PART.
The motion is GRANTED as to Interrogatory No. 13. Plaintiff shall respond to the Interrogatory by listing any contact or communication she has had with anyone other than legal counsel, anyone in legal counsel's office, or anyone to whom an attorney-client or work-product privilege applies regarding the incident in question.
As to Interrogatory No. 22, the motion is GRANTED. Plaintiff shall obtain what information she can from her employer's phone system responsive to the Interrogatory. As to her personal cellular telephone records, Plaintiff shall supply Defendant with her T-Mobile personal phone records for the relevant period of time.

The motion is GRANTED IN PART as to Request for Production of Documents No. 19 as stated on the record. Plaintiff shall provide her own phone records and will obtain what information she can regarding her work phone number as provided by Plaintiff.
The motion is DENIED as to Defendant's request for cost and attorneys' fees sanctions pursuant to Fed. R. Civ. P. 37. Due to Plaintiffs representation in open court that she will not seek damages in excess of $1,000.00 total, "other circumstances make award of fees unjust" at this time. Any and all attorneys' fees expended by attorney Lark H. Fogel on responding to the motion, appearing at this hearing, and communication with her client about the discovery at issue or any other time spent having bearing on the issues in this Motion to Compel, including responses to inquiries by Defendant attempting to resolve the issues, will NOT be recoverable should Plaintiff prevail on her case at trial.
Plaintiff shall supplement the Interrogatories and the Request for Production of Documents addressed herein on or before January 28, 2013.

It is ORDERED:

Defendants Oral Motion to Extend the Discovery and Dispositive Motion Deadlines is GRANTED. The court finds exceptional circumstances that warrant the extension of the Dispositive Motion Deadline. Therefore, the Discovery Cutoff deadline of January 31, 2013 and the Dispositive Motion deadline of February 22, 2013 are VACATED and reset to the following dates:
Discovery Cutoff Deadline: February 28, 2013
Dispositive Motion Deadline: March 28, 2013

Court in Recess: 11:07 a.m.
Hearing concluded.
Total In-Court Time 00:59
*To obtain a transcript of this proceeding, please contact Avery Woods Reporting at (303) 825-6119.