Free Motion for Referral - District Court of Colorado - Colorado

Case 1:04-cv-01362-LTB-MJW

Document 51

Filed 06/27/2005

Page 1 of 4

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 04-cv-01362 ABJ-MJW QUALMARK CORPORATION, Plaintiff, v. GREGG K. HOBBS and HOBBS ENGINEERING CORPORATION, Defendants. REQUEST FOR REFERENCE TO MAGISTRATE JUDGE MICHAEL J. WATANABE OF CERTAIN PENDING MOTIONS Defendant QualMark Corporation ("QualMark"), by and through its undersigned attorneys, respectfully submits the following Request for Reference to Magistrate Judge Michael J. Watanabe of Certain Pending Motions ("Request for Reference"). PROCEDURAL BACKGROUND: PENDING MOTIONS 1.
1

On December 23, 2004, Plaintiff filed a Motion for Stay, In the Alternative,

Motion to Compel and Extend Deadlines ("Motion to Compel and Extend Deadlines"). By order entered by Judge Alan B. Johnson on December 28, 2004, the Motion to Compel and Extend Deadlines was referred to Magistrate Judge Michael J. Watanabe. Defendants' Response to the Motion to Compel and Extend Deadlines was filed January 12, 2005.

1

Other motions are pending in the related 03-WY-00198 ABJ-MJW case (the "03" case). QualMark's Motion/Application for Attorneys' Fees and Costs and its Supplemental Motion/Application for Attorneys' Fees and Costs are the subject of a request for ruling or reference filed by QualMark in the 03 case on May 12, 2005. Also pending in the 03 case is Hobbs' objection to Magistrate Judge Michael J. Watanabe's Order denying Hobbs' motion to retain certain discovery material obtained from QualMark.

Case 1:04-cv-01362-LTB-MJW

Document 51

Filed 06/27/2005

Page 2 of 4

2.

By Minute Order entered on January 11, 2005, Magistrate Judge Michael J.

Watanabe stayed this case and denied Plaintiff's Motion to Compel and Extend Deadlines without prejudice "based upon the STAY ORDER entered by this court." Because of the stay in this matter, no reply has been filed by Plaintiff in support of its Motion to Compel and Extend Deadlines, and no date has been set for that reply. 3. On June 10, 2005, Plaintiff filed a Motion for Stay Pending Completion of Briefing

on Plaintiff's Motion to Compel and Extend Deadlines; and Motion for Revised Scheduling Order ("Motion for Completion of Briefing on Plaintiff's Motion to Compel"). The Motion for Completion of Briefing on Plaintiff's Motion to Compel was filed because the issues presented by the underlying Motion to Compel and Extend Deadlines remain and require resolution. First, because of Defendants' failure to produce requested documents, discovery has not been completed. Second, as a result of Defendants' failure to produce documents, Defendants' deposition had to be cancelled and has not be taken. Third, as a result of Defendants' failure to produce documents, Plaintiff's expert did not have sufficient information to complete his report. Plaintiff believes that compelling production of the documents subject to the Motion to Compel is critical to its case. 4. In its Motion for Completion of Briefing on Plaintiff's Motion to Compel,

QualMark requested that the Court set a date by which QualMark is to file its Reply in support of Plaintiff's Motion to Compel and Extend Deadlines, and further moved for an Order granting a stay of all pretrial deadlines until briefing on the Motion to Compel and Extend Deadlines has been completed and an order has issued thereon. Pursuant to D.C.COLO.LCivR 7.1(C), Defendants' Response is due June 30, 2005.

2

Case 1:04-cv-01362-LTB-MJW

Document 51

Filed 06/27/2005

Page 3 of 4

REQUEST FOR REFERENCE 5. QualMark respectfully requests that Plaintiff's Motion to Compel and Extend

Deadlines (Docket No. 26) be referred again to Magistrate Judge Michael J. Watanabe, and that Plaintiff's Motion for Stay Pending Completion of Briefing on Plaintiff's Motion to Compel and Extend Deadlines; and Motion for Revised Scheduling Order (Docket No. 45) also be referred to Magistrate Judge Michael J. Watanabe.2 Respectfully submitted this 27th day of June, 2005. s/ Stephen D. Bell Stephen D. Bell DORSEY & WHITNEY LLP 370 Seventeenth Street, Suite 4700 Denver, Colorado 80202 Telephone: (303) 629-3400 Email: [email protected] Attorneys for Plaintiff QualMark Corporation

2

Not subject to this Request for Reference is a third motion pending in this case, Defendants' Objections to Magistrate Judge's Order of November 23, 2004 Pursuant to Fed.R.Civ.P. 72 (Docket No. 25), which necessarily requires a ruling by United States District Judge Alan B. Johnson.

3

Case 1:04-cv-01362-LTB-MJW

Document 51

Filed 06/27/2005

Page 4 of 4

CERTIFICATE OF SERVICE I hereby certify that on June 27th, 2005, I electronically filed the foregoing document, titled REQUEST FOR REFERENCE TO MAGISTRATE JUDGE MICHAEL J. WATANABE OF CERTAIN PENDING MOTIONS, with the Clerk of Court using the CM/ECF system which will send notification of such filing to the following email addresses: [email protected] [email protected]

s/ Stephen D. Bell Stephen D. Bell Attorney for Plaintiff QualMark Corporation DORSEY & WHITNEY LLP 370 Seventeenth Street, Suite 4700 Denver, Colorado 80202 Telephone: (303) 629-3400 Email: [email protected]

4
4814-9526-2208\2