Opinion
Civil Action No. 11-cv-02755-WJM-KMT
08-07-2012
JONATHAN REYES, Plaintiff, v. SNOWCAP CREAMERY, INC., EMILY ARNOLD, and ROBERT ARNOLD, Defendants.
Magistrate Judge Kathleen M. Tafoya
FTR - Courtroom C-201
Deputy Clerk, Nick Richards
Skye K. Myers
Joel C. Maguire
COURTROOM MINUTES / MINUTE ORDER
MOTION HEARING
Court in session: 1:30 p.m.
Court calls case. Appearances of counsel.
Motion Hearing called regarding Defendants' Motion to Compel Discovery [Doc. No. 21, filed June 25, 2012]. Oral argument from defendant.
Oral argument from plaintiff.
It is ORDERED: Defendants' Motion to Compel Discovery [21] is GRANTED IN PART AND DENIED IN PART.
The motion is GRANTED IN PART AND DENIED IN PART as to Request for Production No. 1. The motion is DENIED as to Request for Production 1, subpart a.
The motion is GRANTED as to Request for Production Nos. 1, subparts b and c. Attorney Emily Cohen, as a licensed attorney and an officer of this court, is ORDERED to produce a copy of the entire file pertaining to the immigration matter of plaintiff Jonathan Reyes to Mr. Reyes in care of his attorney, Skye K. Myers. Mr. Reyes has a right to the file and no otherwise privileged documents between he and Ms. Cohen may be withheld, since that privilege belongs to Mr. Reyes. This court finds and hold, without objection from Defendants, that otherwise privileged documents produced pursuant to this Order, will not lose their privileged character by being received by Mr. Reyes' attorney, Skye K. Myers. Mr. Myers and Mr Reyes have a right to determine each document's relevancy, if any, as to this matter. The file must be sent to Mr. Reyes pursuant to this order, through Mr. Myers, without regard to whether any party or non-party asserts copies of the entire file have been produced in the past. Ms. Cohen shall to produce the documents to Mr. Myers on or before August 24, 2012. Should Ms. Cohen wish to object to this order, Ms. Cohen must do so on or before August 14, 2012. Ms. Cohen create a list identifying each document contained in the file and produced pursuant to this Order in a format similar to identification of documents in a privilege log. Upon production of the documents, Ms. Cohen shall file the list of the documents with the court as a Notice of Compliance with this Order. A copy of these minutes will be sent to Attorney Emily Cohen.
Any documents provided to Ms. Cohen by Mr. Reyes, whether or not contained in Ms. Cohen's files, must be produced by Mr. Reyes to the Defendants.
Request for Production No. 1, subparts d and e are GRANTED with respect to the time period from January of 2009 to present.
As to Request for Production Nos. 5 and 6, the motion is DENIED. It is ORDERED: Discovery cut-off, for purposes of compliance with the issues discussed during this hearing ONLY, is extended to September 21, 2012. The dispositive motion deadline of August 26, 2012 and the Final Pretrial Conference currently set for September 20, 2012 at 10:00 a.m. in Courtroom C-201 before Magistrate Judge Kathleen M. Tafoya are VACATED and set to the following dates and times:
Dispositive Motion deadline: October 22, 2012
Final Pretrial Conference: December 18, 2012 at 9:45 a.m. Court in Recess: 2:51 p.m.
Hearing concluded.
Total In-Court Time 01:21
*To obtain a transcript of this proceeding, please contact Avery Woods Reporting at (303) 825-6119.