IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLORADO

Magistrate Judge Kathleen M. Tafoya

Civil Action No. 11-cv-02755-WJM-KMT FTR - Courtroom C-201

Date: August 7, 2012 Deputy Clerk, Nick Richards

JONATHAN REYES,

Plaintiff,

Skye K. Myers

v.

SNOWCAP CREAMERY, INC.,

EMILY ARNOLD, and

ROBERT ARNOLD,

Defendants.

Joel C. Maguire

COURTROOM MINUTES / MINUTE ORDER

MOTION HEARING

Court in session: 1:30 p.m. 

Court calls case. Appearances of counsel.

Motion Hearing called regarding Defendants’ Motion to Compel Discovery [Doc. No. 21,

filed June 25, 2012]. 

Oral argument from defendant.

Oral argument from plaintiff.

It is ORDERED: Defendants’ Motion to Compel Discovery [21] 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. The motion is DENIED as to Request

for Production 1, subpart a. 

The motion is GRANTED as to Request for Production Nos. 1,

subparts b and c. Attorney Emily Cohen, as a licensed attorney and

an officer of this court, is ORDERED to produce a copy of the entire

file pertaining to the immigration matter of plaintiff Jonathan Reyes

to Mr. Reyes in care of his attorney, Skye K. Myers. Mr. Reyes has

a right to the file and no otherwise privileged documents between

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he and Ms. Cohen may be withheld, since that privilege belongs to

Mr. Reyes. This court finds and hold, without objection from

Defendants, that otherwise privileged documents produced

pursuant to this Order, will not lose their privileged character by

being received by Mr. Reyes’ attorney, Skye K. Myers. Mr. Myers

and Mr Reyes have a right to determine each document’s 

relevancy, if any, as to this matter. The file must be sent to Mr.

Reyes pursuant to this order, through Mr. Myers, without regard to

whether any party or non-party asserts copies of the entire file have

been produced in the past. Ms. Cohen shall to produce the

documents to Mr. Myers on or before August 24, 2012. Should

Ms. Cohen wish to object to this order, Ms. Cohen must do so

on or before August 14, 2012. Ms. Cohen create a list identifying

each document contained in the file and produced pursuant to this

Order in a format similar to identification of documents in a privilege

log. Upon production of the documents, Ms. Cohen shall file the list

of the documents with the court as a Notice of Compliance with this

Order. A copy of these minutes will be sent to Attorney Emily

Cohen.

Any documents provided to Ms. Cohen by Mr. Reyes, whether or

not contained in Ms. Cohen’s files, must be produced by Mr. Reyes

to the Defendants.

Request for Production No. 1, subparts d and e are GRANTED with

respect to the time period from January of 2009 to present. 

As to Request for Production Nos. 5 and 6, the motion is DENIED.

It is ORDERED: Discovery cut-off, for purposes of compliance with the issues

discussed during this hearing ONLY, is extended to September 21,

2012. The dispositive motion deadline of August 26, 2012 and the

Final Pretrial Conference currently set for September 20, 2012 at

10:00 a.m. in Courtroom C-201 before Magistrate Judge Kathleen

M. Tafoya are VACATED and set to the following dates and times:

Dispositive Motion deadline: October 22, 2012

Final Pretrial Conference: December 18, 2012 at 9:45 a.m.

Court in Recess: 2:51 p.m. 

Hearing concluded.

Total In-Court Time 01:21

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

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