Zinna et al v. Jefferson County et al

Filing 276

ORDER Granting 275 Unopposed Motion for Leave to Conduct Limited Discovery Based on New Disclosures (see Order for details). Signed by Judge Richard P. Matsch on 7/16/2009.(rpmcd)

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UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 05-cv-01016-RPM MICHAEL L. ZINNA, Plaintiff, v. JAMES CONGROVE, individually, Defendant. ______________________________________________________________________________ ORDER GRANTING UNOPPOSED MOTION FOR LEAVE TO CONDUCT LIMITED DISCOVERY BASED ON NEW DISCLOSURES ______________________________________________________________________________ Before the Court is the unopposed motion of Plaintiff Michael L. Zinna, seeking to reopen discovery in this case for the limited purpose of conducting a further deposition of Jefferson County Commissioner J. Kevin McCasky and such other discovery as is warranted by the recent discovery and production of email messages from the so-called "ColoradoWackoExposed" website, and finding that such discovery is necessary to prevent a manifest injustice to the plaintiff, the Court hereby GRANTS the motion and ORDERS as follows: Discovery in this proceeding is reopened for the following purposes: o A further deposition of Jefferson County Commissioner J. Kevin McCasky, o Such other additional discovery, including subpoenas duces tecum and depositions of appropriate records custodians and other witnesses, to {00229674;v1} 1 determine whether Jefferson County has produced all relevant materials pertaining to this case, and o Such other discovery as the parties may agree to conduct in light of information learned as a result of the reopened discovery authorized herein. Such additional discovery must be completed no later than sixty days before the trial date in this case. Dated: July 16th, 2009 IT IS SO ORDERED. s/Richard P. Matsch The Hon. Richard P. Matsch U.S. Senior Judge {00229674;v1} 2

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