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Securities and Exchange Commission v. Nacchio

February 28, 2006

SECURITIES AND EXCHANGE COMMISSION, PLAINTIFF, AND UNITED STATES ATTORNEY'S OFFICE, DISTRICT OF COLORADO, INTERVENOR,
v.
JOSEPH P. NACCHIO, ROBERT WOODRUFF, ROBIN SZELIGA, AFSHIN MOHEBBI, GREG CASEY, JAMES KOZLOWSKI, AND FRANK NOYES, DEFENDANTS.



The opinion of the court was delivered by: Magistrate Judge Craig B. Shaffer

ORDER REGARDING DISCOVERY

THIS MATTER came before the court on during a Status Conference on February 22, 2006, during which time the court made several rulings with respect to discovery.

The District Court's Order of Reference, dated April 11, 2005, referred this action to the Magistrate Judge with instructions to, inter alia, "hear and determine motions relating to discovery" and "hear and determine such other non-dispositive motions as may be specifically referred." This court held a hearing on February 22, 2006, during which it heard argument from counsel. The court has carefully considered the arguments presented during the February 22nd hearing, the entire court file, and the applicable case law. At the conclusion of that hearing, the court issued the following orders with respect to discovery and granted Defendant Nacchio's Oral Motion to stay Rule 26(a)(1) disclosures.

Accordingly,

IT IS ORDERED as follows:

1. That written discovery may proceed as follows:

a. That, pursuant to FED. R. CIV. P. 33 and this court's Order made at the September 28, 2005, hearing, Defendants Kozlowski and Noyes may serve fifty Interrogatories on the SEC; the SEC may serve twenty-five Interrogatories each on Defendants Kozlowski and Noyes; the SEC may not serve Interrogatories on other Defendants unless those Defendants previously served Interrogatories on the SEC;

b. That, pursuant FED. R. CIV. P. 34 and this court's Order made at the September 28, 2005, hearing, each Defendant-- save Defendant Nacchio-- may serve thirty Requests for Production on the SEC; the SEC may serve twenty-five Requests for Production per Defendant exercising his rights under FED. R. CIV. P. 34;

c. That the aforementioned numerical limits include any 2 Interrogatories or Requests for Production propounded on expert witnesses;

d. That no Requests for Admissions may be made at this time;

e. That no depositions may be conducted at this time;

f. That the parties shall file a Status Report no later that August 31, 2006, specifically addressing the issue of depositions;

2. That written Responses (including both answers and objections) made to Interrogatories and Requests for Production shall be made pursuant to FED. R. CIV. P. 33 and 34 and within thirty days of being served; if additional time is required, the parties shall comply with D.C.COLO.LCivR 6.1;

3. That Defendant Nacchio's Oral Motion to Stay FED. R. CIV. P. 26(a)(1) disclosures IS GRANTED, and the stay of FED. R. CIV. P. 26(a)(1) disclosures is in effect until the conclusion of the ...


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