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- cod;;1:16-cv-01737_de72 RegisterActionDate "2019-10-23" @default.
- cod;;1:16-cv-01737_de72 RegisterActionDescriptionText "MINUTE ORDER: On 10/22/2019, Plaintiffs' counsel contacted Chambers to confirm a date for a Rule 69 deposition. Upon review of Fed. R. Civ. P. 69(b), it is unclear whether Plaintiff is seeking to "obtain discovery... as provided in [the Federal Rules of Civil Procedure] or by the procedure of the state where the court is located." Fed. R. Civ. P. 69(b). If Plaintiffs are proceeding under the Colorado Rules of Civil Procedure, they must first seek an "order of the court, which may be obtained ex parte," to take the deposition "of any person including the judgment debtor." Colo. R. Civ. P. 69(i). If they are proceeding under the Federal Rules, they may require leave of Court, pursuant to Federal Rule 30(a). To date, Plaintiffs have not moved for an order from the Court authorizing a Rule 69(b) deposition. Moreover, the Court is unclear whether Plaintiffs are requesting Magistrate Judge Crews' attendance as referee at the deposition in the event they intend to seek an order "to apply any property other than real property... towards satisfaction of the judgment[,]" or if they will require Magistrate Judge Crews to examine the deponent. Cf. Colo. R. Civ. P. 69(g).The Court needs clarity from the Parties to ensure the appropriate procedure is followed. Therefore, the Parties are ordered to confer and jointly contact Chambers (303.335.2124) by no later than 10/25/2019 to provide additional information regarding the purpose of the Rule 69 deposition, the procedure under which it is being conducted, and what, if any, assistance is needed from the Court and/or Magistrate Judge Crews. SO ORDERED by Magistrate Judge S. Kato Crews on 10/23/2019. Text Only Entry (skclc2) (Entered: 10/23/2019)" @default.
- cod;;1:16-cv-01737_de72 AdministrativeID "73" @default.
- cod;;1:16-cv-01737_de72 OntologyLabel order @default.