NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA v. INTRAWEST ULC, 13-cv-00079-PAB-KMT. (2015)
Court: District Court, D. Colorado
Number: infdco20150828671
Visitors: 20
Filed: Aug. 27, 2015
Latest Update: Aug. 27, 2015
Summary: ORDER KATHLEEN M. TAFOYA , Magistrate Judge . This matter is before the court on "National Union Fire Insurance Company of Pittsburgh, PA.'s Motion for a Protective Order Regarding a Second Deposition of Christopher Weir." [Doc. No. 476.] National Union asks this court to preclude the deposition of Christopher Weir in his individual capacity currently scheduled to take place on September 10, 2015. As grounds, National Union states that, although this court has ordered , not recommended, th
Summary: ORDER KATHLEEN M. TAFOYA , Magistrate Judge . This matter is before the court on "National Union Fire Insurance Company of Pittsburgh, PA.'s Motion for a Protective Order Regarding a Second Deposition of Christopher Weir." [Doc. No. 476.] National Union asks this court to preclude the deposition of Christopher Weir in his individual capacity currently scheduled to take place on September 10, 2015. As grounds, National Union states that, although this court has ordered , not recommended, tha..
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ORDER
KATHLEEN M. TAFOYA, Magistrate Judge.
This matter is before the court on "National Union Fire Insurance Company of Pittsburgh, PA.'s Motion for a Protective Order Regarding a Second Deposition of Christopher Weir." [Doc. No. 476.] National Union asks this court to preclude the deposition of Christopher Weir in his individual capacity currently scheduled to take place on September 10, 2015. As grounds, National Union states that, although this court has ordered, not recommended, that the deposition of Mr. Weir will go forward, National Union has objected to that ruling and Judge Brimmer has not ruled on those objections. Fed. R. Civ. P. 72 provides that in considering objections to a Magistrate Judge's ruling on nondispositive matters, the district judge may modify or set aside any part of the order that is clearly erroneous or is contrary to law.
D.C.COLO.LCivR 30.2(b) provides
(b) Objection to Discovery Order by Magistrate Judge. An objection under Fed. R. Civ. P. 72(a) to an order by a magistrate judge concerning discovery does not stay the discovery to which the order is directed. A stay of the order shall be obtained by motion filed with the magistrate judge, and if denied, then with the assigned district judge.
Instead of complying with the Local Rule, the Plaintiff has opted instead to file a motion under Fed. R. Civ. P. 26(c), apparently in the hope that the mere filing of the motion would serve to stay the scheduled proceedings. This procedure is incorrect.
It is ORDERED
"National Union Fire Insurance Company of Pittsburgh, PA.'s Motion for a Protective Order Regarding a Second Deposition of Christopher Weir" [Doc. No. 476] is DENIED.
Source: Leagle
