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IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLORADO

Civil Action No. 11-cv-02407-MSK-KLM

DAMON FOREMAN,

Plaintiff,

v.

WESTERN FREIGHTWAYS, LLC, and

NEW CENTURY TRANSPORTATION, INC.,

Defendants.

_____________________________________________________________________

MINUTE ORDER

_____________________________________________________________________

ENTERED BY MAGISTRATE JUDGE KRISTEN L. MIX

This matter is before the Court on Defendants’ Motion to Compel Discovery

Responses [Docket No. 30; Filed September 8, 2012] (the “Motion”). Defendants

represent that Plaintiff opposes the requested relief. Pursuant to the Scheduling Order

[#11] governing this case, the Motion is premature. See Sched. Ord. [#11] at 10, ¶ 8(d)

(incorporating by reference “Section E.1” of the Order Setting Scheduling/Planning

Conference [#3]). The Order Setting Scheduling/Planning Conference [#3] 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

telephone hearing with Magistrate Judge Mix regarding the issue. Both of

these steps must be completed before any contested discovery

motions are filed with the Court.

Order Setting Scheduling/Planning Conference [#3] at 2, § E.1 (emphasis added). 

Defendants have not arranged a conference call to set a hearing regarding the

instant discovery dispute. Accordingly,

IT IS HEREBY ORDERED that the Motion [#30] is DENIED WITHOUT PREJUDICE.

IT IS FURTHER ORDERED that neither party shall file a contested discovery motion

until after complying with the steps for following the Magistrate Judge’s discovery dispute

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: September 10, 2012

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