IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLORADO

Magistrate Judge Kathleen M. Tafoya

Civil Action No. 11-cv-02369-PAB-KMT FTR - Courtroom C-201

Date: March 28, 2013 Deputy Clerk, Nick Richards

LARRY SIPES,

Plaintiff,

Bruce Jeffrey Kaye

v.

ALLSTATE INDEMNITY COMPANY, an Illinois

corporation,

Defendants.

Kurt Hans Henkel

COURTROOM MINUTES / MINUTE ORDER

MOTION HEARING

Court in session: 3:24 p.m. 

Court calls case. Appearances of counsel.

Motion Hearing called regarding Joint Motion to Amend Final Pretrial Order [Doc. No.

66, filed March 15, 2013], Plaintiff’s Motion to Compel Production of Documents [Doc.

No. 69, filed March 22, 2013], Defendant’s Motion for Leave to Reopen Discovery [Doc.

No. 72, filed March 25, 2013], Defendant’s Motion for Leave to Endorse an Expert

Witness [Doc. No. 74, filed March 25, 2013], Plaintiff’s Motion to Exclude All Defense

Experts on Fire Cause and Origin [Doc. No. 76, filed March 25, 2013], and Unopposed

Motion for Leave to File Sur Response to Plaintiff’s Reply in Support of Plaintiff’s

Second Motion to Exclude All Defense Experts on Fire Cause and Origin [Doc. No. 88,

filed March 27, 2013].

It is ORDERED: Joint Motion to Amend Final Pretrial Order [66] and Motion for

Leave to File Sur Response [88] are GRANTED as stated on the

record.

It is ORDERED: Plaintiff’s Motion to Exclude [76] is WITHDRAWN without prejudice

as stated on the record.

Oral argument by Defendant’s counsel.

It is ORDERED: Plaintiff’s Motion to Compel [69] is GRANTED as stated on the

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record. Defendant shall provide a privilege log detailing the

documents withheld to Plaintiff on or before April 19, 2013.

Defendant does NOT have to produce documents from the claims

file pertaining to attorney-client privilege or work-product containing

the mental impressions of Defendant’s attorney. 

Defendant makes oral motion to Stay the Court’s Ruling regarding production of the

claims file pursuant to D.C.COLO.LCivR 30.2(B). 

It is ORDERED: Defendant’s Oral Motion to Stay is DENIED as stated on the

record.

Oral argument by Plaintiff’s counsel.

It is ORDERED: Defendant’s Motion for Leave to Reopen Discovery [72] is

GRANTED. Discovery is reopened to allow the deposition of Mr.

John Lentini. Mr. Lentini will NOT be deposed until after the

deposition of the claim adjuster, Ms. Lori Kidwell, has been held. 

Discovery Cut-off is extended to May 31, 2013 to allow for the

depositions of Mr. Lentini and Ms. Kidwell and to complete the

discovery discussed during this hearing. The deposition of Ms.

Kidwell will be conducted on or before May 3, 2013. Supplemental

expert reports regarding claims handling shall be submitted on or

before May 17, 2013.

It is ORDERED: Defendant’s Motion for Leave to Endorse an Expert [74] is

GRANTED. Mr. Robert Toth shall be endorsed as an expert.

Discussion regarding Defendant’s desire to file a renewed Motion for Summary

Judgment. 

Court in Recess: 4:33 p.m. 

Hearing concluded.

Total In-Court Time 01:09

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

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