Minute Entry for proceedings held before Magistrate Judge O. Edward Schlatter : Motion Hearing held on 7/13/2005 ; Granting in part and Denying in part [20] MOTION to Compel filed by Erika Smiddy, for reasons stated on the record; With respect for Productions, the motions are Granted in part and Denied in part; with respect to peer review, the motions are DENIED; With respect to the open Boeard proceedings, the motions are Granted; however, the dicussions of what occured in the deliberative process will be held privileged; Discovery due by 8/15/2005. Dispositive Motions due by 9/1/2005. Final Pretrial Conference Reset for 9/13/2005 09:00 AM in Courtroom A 601 before Magistrate Judge O. Edward Schlatter. (Court Reporter FTR.) (erv, )
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Page 1 IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
MAGISTRATE JUDGE O. EDWARD SCHLATTER
Civil Action No. 04-cv-01859-WYD-OES
04-cv-01860-WYD-OES
Courtroom Deputy: Cathy Coomes
Date: July 13, 2005
ERIKA SMIDDY (04-cv-01859),
MELINDA SANDGREN (04-cv-01860),
Sander N. Karp
FTR – Courtroom A601
Plaintiff(s);
vs.
ASPEN VALLEY HOSPITAL DISTRICT,
Catherine Tallerico
Defendant(s).
COURTROOM MINUTES
MOTIONS HEARING
Court in session:
2:58 p.m.
Court calls case. Appearances of counsel.
Opening statements by the Court.
Argument and discussion regarding Plaintiff’
s Motion to Compel Defendant to Respond
to Plaintiff’
s Interrogatories and Requests for Production [both cases, Docs. #20 and #17
respectively, filed 5/23/05] (the motions).
Mr. Karp states that Plaintiffs withdraw the motions as to the Interrogatories.
ORDERED: For reasons stated on the record, the motions are GRANTED in part and
DENIED in part as follows:
1.
With respect to Gary Jackson, the motions are GRANTED. The
Court finds that Mr. Jackson was not acting in the capacity of a
lawyer for Defendant.Page 2 2.
With respect to Requests for Production of Documents No. 1-12 (04cv-01859) and No. 1-13 (04-cv-01860), the motions are GRANTED
in part and DENIED in part. With respect to the peer review, the
motions are DENIED. With respect to the open Board proceedings,
the motions are GRANTED; however, the discussions of what
occurred in the deliberative process will be held privileged.
3.
With respect to Requests for Production of Documents No. 1-17 (04cv-01859) and No. 1-18 (04-cv-01860), the Court finds that
Defendant is in compliance, and the motions are DENIED.
4.
With respect to Requests for Production of Documents No. 1-18 (04cv-01859), the matter is resolved by agreement of counsel.
5.
With respect to Requests for Production of Documents 1-19 (04-cv01859), the motion is GRANTED. Defendant shall produce the
information requested and may redact the information, if it is related
to a patient.
6.
With respect to Requests for Production of Documents No. 1-20 (04cv-01859), the issue is resolved by the Court’
s previous ruling.
Discussion regarding completing depositions needed by the discovery deadline date.
Counsel request an extension of time for all deadlines.
ORDERED: The request for an extension of deadlines is GRANTED. The following
deadlines are extended:
•
•
Discovery Cut off:
Dispositive Motion Deadline:
August 15, 2005
September 1, 2005
ORDERED: The Pretrial Conference set for August 15, 2005, in case number 04-cv01859-WYD-OES is VACATED and RESET to September 13, 2005, at
9:00 a.m., which is the same date and time for the Pretrial Conference set
in 04-cv-01860-WYD-OES.
Court in recess:
Total time in court:
3:54 p.m. (Hearing concluded)
0:56
PDF Page 1
PlainSite Cover Page
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Case 1:04-cv-01859-WYD-OES
Document 33
Filed 07/13/2005
Page 1 of 2
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
MAGISTRATE JUDGE O. EDWARD SCHLATTER
Civil Action No. 04-cv-01859-WYD-OES
04-cv-01860-WYD-OES
Courtroom Deputy: Cathy Coomes
Date: July 13, 2005
ERIKA SMIDDY (04-cv-01859),
MELINDA SANDGREN (04-cv-01860),
Sander N. Karp
FTR – Courtroom A601
Plaintiff(s);
vs.
ASPEN VALLEY HOSPITAL DISTRICT,
Catherine Tallerico
Defendant(s).
COURTROOM MINUTES
MOTIONS HEARING
Court in session:
2:58 p.m.
Court calls case. Appearances of counsel.
Opening statements by the Court.
Argument and discussion regarding Plaintiff’
s Motion to Compel Defendant to Respond
to Plaintiff’
s Interrogatories and Requests for Production [both cases, Docs. #20 and #17
respectively, filed 5/23/05] (the motions).
Mr. Karp states that Plaintiffs withdraw the motions as to the Interrogatories.
ORDERED: For reasons stated on the record, the motions are GRANTED in part and
DENIED in part as follows:
1.
With respect to Gary Jackson, the motions are GRANTED. The
Court finds that Mr. Jackson was not acting in the capacity of a
lawyer for Defendant.
PDF Page 3
Case 1:04-cv-01859-WYD-OES
Document 33
Filed 07/13/2005
Page 2 of 2
2.
With respect to Requests for Production of Documents No. 1-12 (04cv-01859) and No. 1-13 (04-cv-01860), the motions are GRANTED
in part and DENIED in part. With respect to the peer review, the
motions are DENIED. With respect to the open Board proceedings,
the motions are GRANTED; however, the discussions of what
occurred in the deliberative process will be held privileged.
3.
With respect to Requests for Production of Documents No. 1-17 (04cv-01859) and No. 1-18 (04-cv-01860), the Court finds that
Defendant is in compliance, and the motions are DENIED.
4.
With respect to Requests for Production of Documents No. 1-18 (04cv-01859), the matter is resolved by agreement of counsel.
5.
With respect to Requests for Production of Documents 1-19 (04-cv01859), the motion is GRANTED. Defendant shall produce the
information requested and may redact the information, if it is related
to a patient.
6.
With respect to Requests for Production of Documents No. 1-20 (04cv-01859), the issue is resolved by the Court’
s previous ruling.
Discussion regarding completing depositions needed by the discovery deadline date.
Counsel request an extension of time for all deadlines.
ORDERED: The request for an extension of deadlines is GRANTED. The following
deadlines are extended:
•
•
Discovery Cut off:
Dispositive Motion Deadline:
August 15, 2005
September 1, 2005
ORDERED: The Pretrial Conference set for August 15, 2005, in case number 04-cv01859-WYD-OES is VACATED and RESET to September 13, 2005, at
9:00 a.m., which is the same date and time for the Pretrial Conference set
in 04-cv-01860-WYD-OES.
Court in recess:
Total time in court:
3:54 p.m. (Hearing concluded)
0:56
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