L-3 Communications Corporation et al v. Jaxon Engineering & Maintenance, Inc. et al
| L-3 Communications Corporation and L-3 Services, Inc. |
| Jaxon Engineering & Maintenance, Inc., Joni Ann White, Randall K. White, Scott White, Susan Rettig, Charles Rettig, James Youngman, Jerry Lubell, Kelly Rice and John McClure |
| 1:2010cv02868 |
| November 23, 2010 |
| US District Court for the District of Colorado |
| Denver Office |
| XX US, Outside State |
| Marcia S. Krieger |
| Patent |
| 18 U.S.C. ยง 1961 |
| None |
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The following documents for this case are available for you to view or download:
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Filing
1354
MINUTE ENTRY for Final Pretrial Conference held before Chief Judge Marcia S. Krieger on 12/21/2015. 1320 Motion for Reconsideration is GRANTED; 1321 Motion to Supplement; 1323 Motion for Leave to Restrict; 1324 Motion for Leave to Restrict; 1325 Motion for Leave to Restrict are GRANTED to the extent set forth by the Court; 1326 Motion for Leave to Restrict is DENIED; 1337 Motion for Leave is DENIED with leave to renew; ; New Joint 702 Motion; Revised Proposed Pretrial Order and Special Master information all due by 1/29/2016. Court Reporter: Terri Lindblom. (pglov)
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Filing
1316
OPINION AND ORDER GRANTING IN PART AND DENYING IN PART MOTIONS FOR SUMMARY JUDGMENT AND OTHER MOTIONS: The Defendants' Motion for Summary Judgment (#1175, 1185) is GRANTED IN PART and DENIED IN PART as set forth herein. L-3 's Motion for Partial Summary Judgment (#1176, 1186) is DENIED. L-3's Motion to Dismiss the Civil Theft Claim 1196 is GRANTED with regard to the civil theft claim in its entirety and as to the conversion claim with t he exception of a claim against Jaxon only, relating to the capacitor in the 1k prototype pulser. The Defendants' Motion for Summary Judgment (#1223, 1219) is GRANTED. It appearing that there may be no basis for federal subject m atter jurisdiction over the remaining claims, L-3 shall SHOW CAUSE, within 14 days, why the remaining claims should not be dismissed for lack of federal subject matter jurisdiction. The Defendants' Renewed Motion to Stay 1227 considera tion of the Plaintiffs' patent infringement claims is DENIED AS MOOT. The parties' various motions to restrict access ( 1197 , 1201 , 1203 , 1213 , 1218 , 1222 , 1225 , 1226 , 1229 , 1230 , 1231 , 1263 , 1268 , 1269 , 1280 ,[128 1], 1282 , 1300 , 1301 , 1302 , 1303 , 1304 , 1305 )are GRANTED IN PART and DENIED IN PART as set forth above. The movants on those motions shall, within 28 days file a supplemental motion addressing those matters specifically identifi ed by the Court. Assuming there remains a predicate for federal subject matter jurisdiction, the Court observes that the dispositive motions deadline has now passed. Although there remain certain collateral matters to address, the Court directs that the parties begin preparation of a Proposed Pretrial Order pursuant to Docket #44 and that they jointly contact chambers to schedule a Pretrial Conference. by Chief Judge Marcia S. Krieger on 9/1/15.(msksec, )
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Filing
1312
ORDER denying 1157 Motion to Compel Defendants to Submit Documents for In Camera Review, by Magistrate Judge Kathleen M. Tafoya on 3/20/2015.(slibi, )
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Filing
1311
ORDER by Magistrate Judge Kathleen M. Tafoya on 03/12/15. Plaintiffs shall pay to Defendants the total sum of $18,060.00 as sanctions pursuant to this courts June 10, 2014 Order 1065 on or before April 10, 2015. Plaintiff shall file proof of full payment on or before April 13, 2015. (nmarb, )
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Filing
1308
THIRD AMENDED PROTECTIVE ORDER by Magistrate Judge Kathleen M. Tafoya on 1/6/15. (sgrim)
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Filing
1159
OPINION AND ORDER GRANTING, IN PART, MOTION FOR SUMMARY JUDGMENT: L-3's Motion for Partial Summary Judgment 897 is GRANTED IN PART and DENIED IN PART as set forth herein. The parties' Motions to Restrict Access ( 914 ,[959 ], 960 , and 1000 ) are DENIED without prejudice to additional filings as set forth above. The parties' Joint Motion for Claim Construction Hearing 981 is DENIED without prejudice, pending the filing of a motion for summary jud gment by the Defendant within 30 days as set forth above. The Motions to Withdraw as Counsel ( 995 , 996 ) are GRANTED, and the Clerk of the Court shall terminate electronic service on Attorney Scott A. Chambers and Lacy L. Kolo. by Chief Judge Marcia S. Krieger on 9/22/14.(msksec, )
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Filing
1156
ORDER denying 1098 Defendants' Motion to Compel Third-Party Fitch, Even, Tabin & Flannery LLP to Produce Documents and a Witness in Response to Rule 45 Subpoenas, by Magistrate Judge Kathleen M. Tafoya on 9/12/14.(sgrim)
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Filing
1139
MINUTE ORDER granting 1135 Motion for Leave to Submit Surreply Brief by Magistrate Judge Kathleen M. Tafoya on 9/3/14.(dkals, )
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Filing
1115
ORDER on Objections to Report of Special Master. Plaintiffs' Objections to Second Report, Findings of Fact, Conclusions of Law and Order of Special Master (Doc. No. 861) 894 is GRANTED IN PART AND DENIED IN PART; Defendants' Objection s to the Second Report, Findings of Fact, Conclusions of Law and Order of Special Master (ECF No. 861) 895 is GRANTED IN PART AND DENIED IN PART; Defendants shall produce or have produced all documents as to which the court has ruled herein that the documents shall not be withheld from production to Plaintiffs on or before August 15, 2014, by Magistrate Judge Kathleen M. Tafoya on 7/29/14. (sgrim)
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Filing
1036
COURTROOM MINUTES for Motion Hearing held on 4/24/2014 before Magistrate Judge Kathleen M. Tafoya. ORDERED: Defendants' Motion to Restrict Access to Plaintiffs Reply to Plaintiffs' Motion to Compel (ECF Nos. 743 & 744) 764 is DENIED. The Clerk is directed to unrestrict document 744 , including all exhibits. Defendants' Motion to Restrict Access to the February 12, 2014 Hearing Transcript 962 is DENIED. The Clerk is directed to unrestrict document 945 after the relea se of transcript deadline of June 6, 2014. Counsel is directed to file a listing of materials for release from restriction from November 1, 2013 to present, which have previously been filed under restriction but as to which there was not a correspo nding motion to restrict by the producing party, as stated on record, on or before May 4, 2014. Counsel is directed to supplement all remaining pending motions to restrict, as stated on record, with consideration given to the courts new procedure f or the handling of confidential material and taking into account the rulings of the court on issues discussed today. The parties shall advise the Court of their position on the materials previously requested for restriction on or before May 24, 2014. The Clerk is directed to terminate Manitou Motion Picture Company as an interested party in the case and remove Kevin Evans and Manitou Motion Picture Company from CM/ECF notification. Plaintiffs' Motion to Redesignate and Continue Equipmen t Inspection 946 is GRANTED IN PART AND DENIED IN PART. Discovery deadlines are extended as follows: Fact discovery extended to May 16, 2014 for the SOLE purpose of taking the deposition of the Rule 30(b)(6) witness for Jaxon. Expert Discovery c ut off August 8, 2014. Affirmative Expert Disclosures June 9, 2014. Rebuttal Expert Disclosures July 9, 2014. Dispositive motions deadline remains in effect and is NOT extended. Defendants' Motion for Protective Order Regarding Rule 30(b)(6 ) Topics 982 is GRANTED IN PART AND DENIED IN PART, as modified and limited by the Court on record. Plaintiffs are directed not to utilize, and to remove from circulation, destroy, and/or return Defendants' privileged materials at issue in 1011 Defendants' Motion for an Order to Show Cause Why L3 Should Not be Held in Civil Contempt, and for Sanctions, for Using Defendants' Privileged Materials FORTHWITH. The issue of sanctions remains pending. A Motion Hearing is set for June 10, 2014 at 1:30 p.m. on 1011 in Courtroom C-201 before Magistrate Judge Kathleen M. Tafoya. FTR: KMT C201. (sgrim)
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Filing
1030
ORDER setting a non-evidentiary hearing for 7/1/2014 01:30 PM, before Chief Judge Marcia S. Krieger, and granting authorization to the Magistrate Judge. By Chief Judge Marcia S. Krieger on 4/17/14. (dkals, )
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Filing
1028
ORDER by Magistrate Judge Kathleen M. Tafoya on 4/16/14. The parties shall no longer seek Level 3 restriction based solely on the fact that documents filed with the court are AEO or AEO- TECHNICAL. (dkals, )
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Filing
1003
AMENDED ORDER granting 900 Defendants' Unopposed Motion to Restrict Access to Exhibit I to Plaintiffs' Reply in Further Support of their Motion for Sanctions for Defendants' Spoliation and for Other Relief. Exhibit I (Doc. No. 878- 1) to Plaintiffs' Reply in Further Support of their Motion for Sanctions for Defendants' Spoliation and for Other Relief shall be held under Level One restriction unless or until further order of the court, by Magistrate Judge Kathleen M. Tafoya on 4/7/14. Amended to correct document number of Exhibit I. (sgrim)
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Filing
911
COURTROOM MINUTES for Motions Hearing held on 2/12/2014 before Magistrate Judge Kathleen M. Tafoya. ORDERED: Plaintiffs' Motion to Compel Documents Responsive to Subpoena Issued to Antonys Manufacturing Services, Inc. 782 is TAKEN UNDER AD VISEMENT. A Show Cause hearing is set for February 26, 2014 at 3:30 p.m. in Courtroom C-201 before Magistrate Judge Kathleen M. Tafoya. A separate written order will issue. Plaintiffs' request to submit a post hearing brief is DENIED. Plaintif fs' Motion for Sanctions for Defendants' Spoliation and for Other Relief 783 is DENIED, for reasons stated on record. Plaintiffs' Motion to Compel and to Reopen Defendant Joni White's Deposition 791 is GRANTED IN PART AND DE NIED IN PART. Defendants' response with respect to the AEO document designation, as referenced during today's hearing, is due to Plaintiffs on or before February 19, 2014. Defendants' Motion to Compel 806 is GRANTED IN PART AND DENIED IN PART. Defendants' Motion to Strike Deposition Errata Entries 809 is GRANTED IN PART AND DENIED IN PART. FTR: S. Grimm. (sgrim)
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Filing
867
ORDER re: 860 Special Master's Statement of Services and Fees. ORDERED that the Clerk shall disburse the entire $10,000, plus any interest less any registry fees, being held in the Court Registry to William A. Martinez for his servic es as Special Master in this case. It is further ORDERED that, no later than January 27, 2014, Plaintiffs and Defendants each shall pay Special Master Martinez $5,732.50, the combined total of those payments constituting the $11,465.00 in excess of the $10,000 held in the Court Registry. Special Master Martinez's contact information is featured in the Order Continuing Appointment of Special Master 738 , by Magistrate Judge Kathleen M. Tafoya on 1/17/14. (sgrim)
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Filing
742
ORDER. ORDERED that the Motion to Quash Rule 45 Subpoena, and for a Protective Order for 3rd Party Manitou Motion Picture Company, Ltd. for Attorneys' Fees, Expenses, and Lost Earnings 740 is STRICKEN without prejudice to its refiling by and through an attorney admitted to appear in this court, by Magistrate Judge Kathleen M. Tafoya on 11/15/13.(sgrim)
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Filing
738
ORDER Continuing Appointment of Special Master, by Magistrate Judge Kathleen M. Tafoya on 11/12/13. (sgrim)
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Filing
696
ORDER: Status Report due by 10/24/2013. In Court Hearing set for 11/5/2013 at 1:30 PM in Courtroom C201 before Magistrate Judge Kathleen M. Tafoya. By Magistrate Judge Kathleen M. Tafoya on 10/4/2013. (klyon, )
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Filing
694
Opinion and Order Denying Motion for Summary Judgment, Granting Motion to Clarify, And Granting in Part and Denying in Part Motions to Restrict Access. The Defendants' Motion for Partial Summary Judgment (# 463 , 464 , 465 , 466 , 468 , [46 9], 470 , 599 ) is DENIED. L3's motion (# 564 ) for leave to file a surreply is DENIED AS MOOT. The parties' Motions to Restrict Access (# 539 , 549 , 566 , 568 , 662 ) are GRANTED IN PART and DENIED IN PART as set forth herein. The Clerk of the Court shall remove all restrictions on public access to Docket # 654 . The Defendants' Emergency Motion toClarify (# 582 ) is GRANTED, insofar as the Court has clarified its prior Order. By Chief Judge Marcia S. Krieger on 9/27/2013. (klyon, )
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Filing
660
ORDER denying without prejudice 503 Defendant Jaxon's Motion for Rule 11 Sanctions Against L3 for Failure to Conduct a Reasonable Pre-suit Investigation as to L3's Patent Infringement Claims. By Magistrate Judge Kathleen M. Tafoya on 6/13/2013.(klyon, )
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Filing
618
ORDER re: 617 Statement filed by William A. Martinez by Magistrate Judge Kathleen M. Tafoya on 4/19/2013. (kmtcd)
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Filing
616
ORDER granting in part and denying in part 605 Motion to Stay and granting 606 Motion to Expedite. The effect of the court's April 12, 2013 Order 602 is STAYED pending ruling on the parties' objections, if any, to the Special Master's Report and Order. For further information, please see Order. By Magistrate Judge Kathleen M. Tafoya on 4/18/2013.(kmtcd)
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Filing
602
ORDER. Plaintiffs shall submit to FTI Consulting the Special Master's Report and Order, together with the attached spreadsheets documenting each of the documents reviewed by the Special Master and containing the Special Master's ruling wi th respect to whether the documents should be withheld from production, as well as the privilege logs produced by the Defendants that more particularly describe each document's location. Utilizing the Special Master's Report and Order wi th the privilege logs, Plaintiffs shall cause FTI Consulting to remove from the images of the referenced hard drives each document wherein the Special Master affixed a "Y"next to the document. By Magistrate Judge Kathleen M. Tafoya on 4/12/13. (mnfsl, )
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Filing
593
Amended 591 ORDER. The Registry of the Court shall disburse the entire amount of $10,000, plus any interest less any registry fees, being held by the Registry of the Court to William A. Martinez for his services as Special Master in this case. No later than 4/10/2013, Plaintiffs and Defendants each shall paySpecial Master Martinez $1,258.75, the combined total of those payments constituting the $2517.50 in excess of the $10,000 held in the Court Registry. Special Master Mar tinez's contact information is featured in the Order Appointing Special Master. The court will not require at this time that the parties place additional funds in the Court Registry. By Magistrate Judge Kathleen M. Tafoya on 4/3/2013. (klyon, )
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Filing
591
ORDER re: 588 Statement filed by William A. Martinez. The Registry of the Court shall disburse the entire amount of $10,000 being held by the Registry of the Court to William A. Martinez for his services as Special Master in this case. No la ter than 4/10/2013, Plaintiffs and Defendants each shall pay Special Master Martinez $1,258.75, the combined total of those payments constituting the$2517.50 in excess of the $10,000 held in the Court Registry. the court will not requi re at this time that the parties place additional funds in the Court Registry. Instead, upon future statements of services and charges filed bySpecial Master Martinez, the court will order the parties to remit payment to Special Master Martinez directly. By Magistrate Judge Kathleen M. Tafoya on 3/272013. (klyon, )
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Filing
576
ORDER denying 573 Plaintiffs' Motion for Leave to File Oversized Motion and for Expedited Consideration. By Magistrate Judge Kathleen M. Tafoya on 3/6/2013. (klyon, )
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Filing
501
ORDER Regarding Documents Produced for In Camera Review, by Magistrate Judge Kathleen M. Tafoya on 1/11/2013. (kmtcd)
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Filing
490
ORDER denying 478 Defendants' Emergency Motion to Preclude Testimony of Messrs. Harrison and Nebel at the Preliminary Injunction Hearing. By Magistrate Judge Kathleen M. Tafoya on 1/4/2013.(klyon, )
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Filing
356
ORDER granting 354 Joint Emergency Motion to Amend Scheduling Order. Discovery due by 2/20/2013. Dispositive Motions due by 6/28/2013. Additional deadlines as set forth in the attached order. By Magistrate Judge Kathleen M. Tafoya on 8/16/12.(mjgsl, )
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Filing
336
MINUTE ENTRY for proceedings held before Magistrate Judge Kathleen M. Tafoya: Motion Hearing held on 7/16/2012, granting in part and denying in part 298 Motion to Compel, denying 307 Motion to Compel, granting 324 Motion to Compel, and denying 227 Motion to Stay. FTR: Courtroom C-201. (kmtcd)
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Filing
301
ORDER granting in part and denying in part 294 Defendants' Emergency Motion to Compel the Deposition of Charles Crain, by Magistrate Judge Kathleen M. Tafoya on 05/29/2012.(wjcsl, )
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Filing
214
OPINION AND ORDER GRANTING IN PART AND DENYING IN PART MOTION TO DISMISS: The Defendants' Motion to Dismiss 47 is GRANTED IN PART, insofar as the Court dismisses the RICO/COCCA claims in their entirety; the Lanham Act claim as against Defendants Charles Rettig, Scott White, James Youngman, Jerry Lubell, Kelly Rice, and John McClure; the tortious interference with prospective economic advantage claim against all Defendants except Jaxon, Randall White, and Susan Rettig; and the Sher man Act claim in its entirety, each pursuant to Fed.R.Civ.P. 12(b)(6); and the common-law unfair competition claim as redundant; and DENIED IN PART in all other respects. The Defendants' Objections 83 are OVERRULED and the Court AFFIRMS the Magistrate Judge's July 18, 2011 Minute Order (#70) granting the Plaintiff's Motion for Protective Order. by Judge Marcia S. Krieger on 3/26/12.(msksec, )
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Filing
187
SECOND AMENDED PROTECTIVE ORDER by Magistrate Judge Kathleen M. Tafoya on 2/29/2012. (kmtcd)
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Filing
180
ORDER granting in part and denying in part 175 Motion to Amend/Correct/Modify. Discovery due by 9/17/2012. Dispositive Motions due by 1/25/2013. For further information regarding deadline extensions, please see order. By Magistrate Judge Kathleen M. Tafoya on 2/21/2012.(kmtcd)
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Filing
165
AMENDED PROTECTIVE ORDER by Magistrate Judge Kathleen M. Tafoya on 02/09/2012. (wjc, )
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Filing
162
ORDER granting in part and denying in part 148 Motion to Amend/Correct/Modify. Plaintiffs shall submit a form of Amended Protective Order in its entirety containing the revised paragraph five which shall be entered as the Amended Protective Order a pplicable to this case. The Plaintiffs shall submit said Amended Protective Order to tafoya_chambers@cod.uscourts.gov in Word or Word Perfect format on or before February 10, 2012. For further information, please see Order. By Magistrate Judge Kathleen M. Tafoya on 2/7/2012.(kmtcd)
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Filing
152
MINUTE ORDER granting 147 Plaintiffs' Unopposed Motion for Leave to File Response to Defendants' Report to the Court Regarding Issues from Pending Motions to Compel that Still Must Be Resolved by the Court. The clerk of court shall file Plaintiffs' Response (Doc. No. 147 -1), and attach Exhibits 1-3 to Plaintiffs' Response (Doc. Nos. 147 -2, 147 -3, & 147 -4) thereto, by Magistrate Judge Kathleen M. Tafoya on 12/28/2011.(wjc, )
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Filing
143
MINUTE ORDER granting 141 Defendants' Motion for Leave to File Response to Plaintiffs' Supplement in Support of Motions to Compel (ECF Nos. 89 and 92 ). The clerk of court shall file Defendants' Response (Doc. No. 141 -1), and attach Exhibit 1 to Defendants' Response (Doc. No. 141 -2) thereto, by Magistrate Judge Kathleen M. Tafoya on 12/16/2011.(wjc, )
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Filing
119
ORDER re: Motion Hearing 118 held on October 3, 2011. It is ordered that Plaintiffs shall file a List of Trade Secrets, under seal, no later than October 24, 2011. All AEO documents, including AEO technical, will be produced by both parties. All discovery addressed by the court and pertaining to the motions in question at the October 3, 2011 hearing must be answered by both parties on or before November 7, 2011. Any outstanding discovery resolved by orders given during that hearing or any d iscovery that requires redrafting must be propounded by both sides on or before October 31, 2011. Any outstanding or re-drafted discovery must be answered on or before November 14, 2011. The parties shall file as supplements to Motion to Compel [89 ] on behalf of plaintiffs and Motion to Compel 94 on behalf of defendants any matters still outstanding that must be resolved by the court on or before November 18, 2011. The parties will also address in the supplements the parameters of a site in spection of defendant's place of business. The deposition of Joni White shall not be conducted before November 14, 2011. The parties shall agree on a date between November 18, 2011 and December 2, 2011. For further information, please see attached minutes. By Magistrate Judge Kathleen M. Tafoya on 10/12/2011. (kmtcd)
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Filing
82
PROTECTIVE ORDER by Magistrate Judge Kathleen M. Tafoya on 08/08/2011. (wjc, )
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Filing
59
ORDER granting in part and denying in part 52 Plaintiffs' Motion to Modify Scheduling Order. To the extent Plaintiffs seek an indefinite extension of the deadline to amend the pleadings, the motion is DENIED. Plaintiffs may file a motion to amend the complaint no later than 06/19/2011, by Magistrate Judge Kathleen M. Tafoya on 06/01/2011.(wjc, )
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Filing
8
ORDER Setting Scheduling Conference for 3/3/2011 at 09:15 AM in Courtroom C201 before Magistrate Judge Kathleen M. Tafoya, by Magistrate Judge Kathleen M. Tafoya on 12/03/2010. (wjc, )
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Filing
7
ORDERREGARDING CUSTODY OF EXHIBITS AND DEPOSITIONS USED IN EVIDENTIARY HEARINGS AND TRIALS: Any exhibits and depositions used during evidentiary hearings or trials, counsel for the parties shall retrieve the originals of such exhibits and depositions from the Court following the evidentiary hearing or trial, and shall retain same for 60 days beyond the later of the time to appeal or conclusion of any appellate proceedings. The Court will retain its copy of the exhibits for the same time period after which the documents will be destroyed. by Judge Marcia S. Krieger on 12/2/10. (mskcd)
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