IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLORADO

Magistrate Judge Kathleen M. Tafoya

Civil Action No. 11-cv-01961-REB-KMT FTR - Courtroom C-201

Date: May 16, 2012 Deputy Clerk, Nick Richards

ENERGY INTELLIGENCE GROUP, INC., and

ENERGY INTELLIGENCE GROUP (UK)

LIMITED,

Plaintiff(s),

Ashley I. Kissinger

Michelle Katherine Riley

Robert Lester Powley

v.

WELLS FARGO SECURITIES, LLC, f/k/a

WACHOVIA CAPITAL MARKETS, LLC,

Defendant(s).

Shao-Ching Jenny Van

Timothy Michael Reynolds

COURTROOM MINUTES / MINUTE ORDER

MOTION HEARING

Court in session: 9:40 a.m. 

Court calls case. Appearances of counsel.

Motion Hearing is called regarding Plaintiffs’ Motion to Compel Discovery From

Defendant by a Date Certain and Request for a Fourth Extension of Expert Witness

Deadlines [Doc. No. 65, filed April 18, 2012].

Oral argument by plaintiff

Oral argument by defendant

It is ORDERED: Plaintiffs’ Motion to Compel [65] 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 and Interrogatory No. 4. The request

is GRANTED in that the court will approve a sampling protocol to

be developed by the parties as to discovery concerning secondary

forwarding. Defendant shall implement the protocol in such a

fashion as to produce the data obtained from the sample on or

before July 2, 2012. It is recommended that a sampling protocol be

agreed to on or before June 1, 2012. The request is DENIED as to

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discovery pertaining to A.G. Edwards & Sons, Inc.

The motion is GRANTED IN PART as to Request for Production of

Documents No. 17 and Interrogatory No. 12.

The motion with respect to Interrogatory No. 12 is GRANTED IN

PART in that defendant will provide a more complete response to

identifying and describing defendant’s overall computer system as it

existed during the applicable period on or before May 25, 2012.

Responses pertaining to email and electronic storage systems are

adequate and do not need supplementation.

The motion with respect to Request for Production of Documents

No. 17 is GRANTED IN PART. Defendant shall list the 110 people

in question and their method of compensation on or before June

15, 2012.

The motion is DENIED as to Requests for Production of Documents

4, 7, 19, and 20. Request for Production of Documents No. 7 is

denied without prejudice. 

Requests for Production No. 23 and Interrogatory No. 13 are

withdrawn as topics for this motion to compel.

Discussion regarding recommendation to District Judge Robert E. Blackburn to vacate

the trial date currently set on September 24, 2012 at 8:30 a.m.

It is ORDERED: Status Conference set for May 23, 2012 at 10:30 a.m. Counsel may

appear by telephone by contacting chambers at (303)-335-2780.

All current deadlines in the case, including affirmative and rebuttal

expert deadlines, are VACATED, to be reset by recommendation to

the District Court at or after the May 23, 2012 Status Conference. 

Each side is granted an additional 10 requests for production of

documents and 5 additional interrogatories. The additional requests

and interrogatories must be served within 30 days of this hearing.

Court in Recess: 11:46 a.m. 

Hearing concluded.

Total In-Court Time 02:06

*To obtain a transcript of this proceeding, please contact Avery Woods Reporting at (303) 825-6119.

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