Opinion
Civil Action No. 10-cv-03040-LTB-KLM
11-10-2011
RONALD SCATURRO, Plaintiff, v. OLD DOMINION FREIGHT LINE, INC., a North Carolina corporation, Defendant.
MINUTE ORDER
ENTERED BY MAGISTRATE JUDGE KRISTEN L. MIX
This matter is before the Court on Plaintiff's Motion to Compel Discovery [Docket No. 32; Filed November 7, 2011] (the "Motion"). Pursuant to the Scheduling Order [#13] governing this case, the Motion is premature. See Scheduling Order [#13] at 8, ¶8(d) (incorporating by reference "Section E.1" of the Order Setting Scheduling/Planning Conference [#6]). The Order Setting Scheduling/Planning Conference [#6] provides as follows:
No opposed discovery motions are to be filed with the Court until the parties comply with D.C.COLO.LCivR 7.1A. If the parties are unable to reach agreement on a discovery issue after conferring, they shall arrange a conference call with Magistrate Judge Mix to attempt to resolve the issue. Both of these steps must be completed before any contested discovery motions are filed with the Court.Order Setting Scheduling/Planning Conference [#6] at 2 § E.1 (emphasis added). Plaintiff has not arranged a conference call to set a hearing to resolve the instant discovery dispute. Accordingly,
IT IS HEREBY ORDERED that the Motion is DENIED without prejudice.
IT IS FURTHER ORDERED that neither party shall file a contested discovery motion until after (1) unsuccessfully conferring with the other party pursuant to D.C.COLO.LCivR 7.1A, and (2) receiving leave from the Court to file the motion. To conduct a hearing regarding a discovery dispute, the parties shall initiate a conference call and then, once all parties are on the line, dial the Court at 303-335-2770.