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Case:12-24882-ABC Doc#:438 Filed:09/11/12

Entered:09/11/12 16:31:05 Page1 of 1

IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF COLORADO HONORABLE A. BRUCE CAMPBELL In re: CORDILLERA GOLF CLUB, LLC Tax ID I EIN: 27-0331317 Debtor.
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Case No. 12-24882 ABC Chapter 11

ORDER ON DEBTOR'S MOTION FOR PROTECTIVE ORDER On September 6, 2012, Debtor filed Debtor's Motion for Entry of Protective Order Regarding Noticed Depositions of Mr. Alfred H. Siegel, Mr. DanielL. Fitchett, Jr., and the Designated Representative of Debtor Cordillera Golf Club, LLC, Under F.R.B.P. 30(b)(6), and Related Documents ("Debtor's Motion"). Debtor asserts that the Movants, Cheryl M. Foley, Thomas Wilner, Jane Wilner, Charles Jackson, Mary Jackson, and Kevin B. Allen ("Movants") served it with notices to take the depositions of Alfred H. Siegel, the Chief Restructuring Officer of the Debtor ("CRO"), DanielL. Fitchett, Jr, the Chief Executive Officer of the Debtor ("CEO") and a representative of the Debtor as designated by the Debtor in accordance with Fed.R.Civ.P. 30(b)(6). Movants seek the discovery ofthe Debtor in connection with the Movants' Motion to Appoint a Chapter 11 Trustee. Trial on that motion is set to commence on October 1, 2012. Debtor seeks a protective order limiting the scope of questioning at the depositions, limiting production of documents requested in connection with the notices of deposition, and limiting the duration of the depositions. In addition, Debtor requests an order that the deposition of the CRO be taken in Los Angeles, California. Finally, Debtor again asks this Court to compel the parties to be bound by a confidentiality order. Debtor asserts that it has endeavored to reach agreement on these issues with the Movants but it has been unable to do so. Having considered the Debtor's Motion and the record in this case, including that Debtor has designated the CEO as the representative of the Debtor to be deposed, it is hereby ORDERED that Debtor's Motion is DENIED, except in so far as Debtor seeks to limit the duration of the depositions; and it is FURTHER ORDERED that unless the parties reach an agreement otherwise, the depositions of the CEO and CRO will take place at the offices of Appel & Lucas, P.C., 1660 1Jh Street, Suite 200, Denver, CO 80202 at the following dates, times and duration: WITNESS Daniel L. Fitchett, Jr Alfred H. Siegel DATE September 23, 2012 September 30, 2012 TIME 11 :00 a.m. for no more than 6 hours 1:00 p.m. for no more than 3 hours

IT IS FURTHER ORDERED that except as otherwise agreed, any notices of deposition or subpoenas served shall be continued to the dates and times set forth above.
DATED: September_lL_, 2012 BY THE COURT:

United States Bankruptcy Judge

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