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IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLORADO

Civil Action No. 11-cv-02273-CMA-KLM

TED ARCHULETA,

Plaintiff,

v.

TERRY MAKETA, El Paso County Sheriff, individually and in his capacity as a paid peace

officer and as an employee and/or agent of the El Paso County Sheriff’s Office and the

County of El Paso,

PAULA PRESLEY, Detention Bureau Chief, in her capacity as a paid peace officer and as

an employee and/or agent of the El Paso County Sheriff’s Office and the County of El

Paso,

BOARD OF COMMISSIONERS, EL PASO COUNTY, COLORADO, 

JENNIFER NAGLE, in her official capacity as a paid peace officer and as an employee

and/or agent of El Paso County Sheriff’s Office and the County of El Paso, and

JOHN DOES, individually and in their capacity as governmental officers,

Defendants.

_____________________________________________________________________

MINUTE ORDER

_____________________________________________________________________

ENTERED BY MAGISTRATE JUDGE KRISTEN L. MIX

This matter is before the Court on Defendants’ Unopposed Motion for Leave to

Depose Prisoner Pursuant to Fed.R.Civ.P. 30(a)(2)(B) [Docket No. 30; Filed January 26,

2012] (the “Motion”).

IT IS HEREBY ORDERED that the Motion is GRANTED. Pursuant to Fed. R. Civ.

P. 30(a)(2)(B), the parties are permitted to take the deposition of Mario Alonzo Martinez at

the El Paso Criminal Justice Center on February 13, 2012, as long as this date is agreeable

to the correctional facility and to counsel for Mr. Martinez. Counsel for Mr. Martinez may

be present at the deposition, and may object to any line of questioning directly related to

Criminal Case Nos. 09CR3904 and 10M5745.

The Court reminds the parties that they must comply with the undersigned’s

discovery dispute procedure as prescribed by the Scheduling Order with regard to any

potential discovery dispute. See [#28] at 5 (citing Order [#11] at 2, § E.1). No party may

file a contested discovery motion until after complying with the steps for following the

procedure, as stated below:

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Step 1: Counsel meaningfully confer regarding one or more discovery disputes

pursuant to Local Rule 7.1A. Counsel may choose to confer about only one dispute

at a time or several disputes at once. This decision is up to counsel, not the Court.

Step 2: If discovery disputes are not resolved, counsel then agree on a mutually

convenient time to call the Court at (303) 335-2770 for a discovery hearing

regarding all disputes about which they have fully conferred but failed to reach

agreement. 

No attorney can insist on contacting the Court for a discovery hearing at a time

when another attorney is not available. If an attorney is not available for a

conference call to the Court for a discovery hearing when contacted by opposing

counsel, s/he must provide opposing counsel with alternate dates and times to

contact the Court. This eliminates the possibility that one party will have an unfair

advantage over another in preparation for a discovery hearing.

The Court is not responsible for assuring that multiple counsel for the same party

are on the line for a telephone hearing. The Court requires only one attorney of

record on the line for each party involved in the dispute. If counsel for a party want

co-counsel for the same party to participate in the telephone hearing, they are

responsible for ensuring that co-counsel are available to participate on the date and

time chosen by them for the hearing.

The Court will not continue hearings based on the sudden unavailability of

co-counsel for a party. As long as each party involved in the dispute is represented

by at least one attorney of record, the hearing will proceed.

Step 3: When counsel call the Court for the discovery hearing, the judge’s law clerks

will ask counsel questions relating to the nature of the dispute. The law clerks will

consult with the judge as necessary. If the judge determines that any documents are

required for review prior to the hearing, counsel will be instructed to email such

documents to the Court’s chambers, and the hearing will be set at a mutually

convenient date and time in the future.

Step 4: If no documents are necessary for review and the judge is immediately

available, the call will be transferred to the courtroom and the hearing will be

conducted. If the judge determines that the matter is complex and briefing is

required, the judge will set a briefing schedule. If the judge is not immediately

available, the hearing will be set at a mutually convenient date and time in the future.

Dated: January 27, 2012

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