You're viewing Docket Item 84 from the case Mbaku et al v. Bank of America, National Association. View the full docket and case details.

Download this document:




Case 1:12-cv-00190-PAB-KLM Document 84 Filed 09/27/13 USDC Colorado Page 1 of 3

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLORADO

Magistrate Judge Kristen L. Mix

Civil Action No.12-cv-00190-PAB-KLM

Date: September 27, 2013

JOHN M. MBAKU
LUVIBIDILA JOLIE LUMUENEMO

Plaintiffs,

v.

BANK OF AMERICA, NATIONAL
ASSOCIATION

Defendant,

FTR - Reporter Deck - Courtroom C-204
Byron G. Rogers United States
Courthouse
Courtroom Deputy, Laura Galera

Not Present
Not Present

Melissa Cizmorris
Victoria Edwards

ATTORNEY GENERAL JOHN W. SUTHERS,

Lee Ann Morrill

Intervenor,

LAWRENCE E. CASTLE,
CHRISTOPHER GROEN,
ALISON L. BERRY, and
CHRISTA N. KILK,

Interested Parties.

MOTION HEARING
Court in session: 9:45 a.m.

Christopher Groen
Phillip A. Vaglica

Appearances of counsel. Plaintiffs fail to appear and were unable to be reached by
telephone.

Discussion regarding pending motions.

Court reviews the appropriate procedures plaintiffs must follow regarding the deposition
of defendant pursuant to Fed. R. Civ. P. 30(b)(6). Plaintiffs must follow Magistrate

-1-

Case 1:12-cv-00190-PAB-KLM Document 84 Filed 09/27/13 USDC Colorado Page 2 of 3

Judge Mix’s procedures if a discovery dispute arises.

It is ORDERED:

It is ORDERED:

It is ORDERED:

It is ORDERED:

It is ORDERED:

It is ORDERED:

Plaintiffs may attempt to obtain relevant information from the
defendant by means of a Rule 30(b)(6) deposition. Plaintiffs must
draft a proper notice of deposition, including designations of
deposition topics, must agree on a mutually convenient date and
time for the deposition with counsel for defendants, and must issue
a Subpoena Duces Tecum or Request for Production of Documents
to obtain documents. If plaintiffs believe they have not been
provided with the information they are entitled to once the
deposition has been completed and the document request has
been responded to by defendant, they may bring that to the
attention of the Court by following the Court’s discovery dispute
procedures and making an oral Motion to Compel. If any party
makes a Motion to Compel and the Court finds the motion lacks
merit, the Court will award costs and attorneys’ fees to the
prevailing party.

All discovery is STAYED except for the Rule 30(b)(6) deposition of
the defendant and depositions of plaintiffs. The Court sua sponte
extends the discovery deadline to November 15, 2013 for the
sole purpose of completing the depositions of plaintiffs and the
defendant . If plaintiffs take no action or if they fail to complete the
Rule 30(b)(6) deposition of by that date, discovery will be closed.

Plaintiffs’ Motion to Compel Production of Documents from
Defendant Bank of America (BOA) [#65] is DENIED WITHOUT
PREJUDICE.

Non-Parties Lawrence E. Castle, Christopher T. Groen, Alison L.
Berry, and Christa N. Kilk’s Motion to Quash Pursuant to Fed. R.
Civ. P. 45(c) [#67] is GRANTED.

Non-Parties Lawrence E. Castle, Christopher T. Groen, Alison L.
Berry, and Christa N. Kilk’s Motion for Protective Order Pursuant to
Fed. R. Civ. P. 26(c) [#69] is GRANTED.

Plaintiffs’ Response Pursuant to D.C. COLO.L CivR. 7.1(c) to Non-
Parties’ Motion to Quash and Motion for Contempt Pursuant to
Fed.R.Civ.P. 45(e) [#75] is DENIED to the extent it purports to seek
an order of Contempt. If the plaintiffs wish to pursue a Motion for
Contempt, they must file a separate motion in accordance with the
Local Rules no later than October 4, 2013. If a proper Motion for
Contempt is filed, defendant or any non-moving party must respond

-2-

Case 1:12-cv-00190-PAB-KLM Document 84 Filed 09/27/13 USDC Colorado Page 3 of 3

within 7 days of its filing.

It is ORDERED:

Plaintiffs’ Motion to Compel the Deposition of Defendant Bank of
America, N.A. (BOA) [#76] is DENIED WITHOUT PREJUDICE.

It is ORDERED:

Plaintiffs’ Motion to Compel the Deposition of Mercedes Judilla and
Motion for Sanctions Pursuant to Fed. R. Civ. P. 37(d) [#79] is
DENIED.

It is ORDERED:

Dispositive Motion Deadline is extended to December 20, 2013.

It is ORDERED:

Defendant’s Oral Motion to Compel the depositions of the plaintiffs
is GRANTED. The plaintiffs must sit for their depositions on or
before November 15, 2013. If they fail to coordinate a mutually
convenient date and time, fail to appear, or otherwise fail to
cooperate, the Court will recommend that the case be dismissed
with prejudice. If disputes arise during the deposition, the parties
shall call the Court for rulings. Counsel must wait until after the
November 15, 2013 deadline to inform the Court of the plaintiffs’
failure to comply, if any.

HEARING CONCLUDED.

Court in recess:
Total time:

15 minutes

10:00 a.m.



-3-