Quade v. Milyard et al

Filing 109

Minute ORDER granting 87 Motion to Clarify as set forth in this Minute Order by Magistrate Judge Michael J. Watanabe on 02/05/09.(jjh, )

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 07-cv-00229-WYD-MJW As consolidated with: 07-cv-01711-REB-MJW, Sue v. Milyard, 07-cv-01976-PAB-KMT, Ybanez v. Milyard, and 07-cv-02132-WYD-CBS, Thompson v. Milyard ERIC QUADE, et al., Plaintiff, v. WARDEN KEVIN MILYARD, et al., Defendants. MINUTE ORDER Entered by Magistrate Judge Michael J. Watanabe It is hereby ORDERED that Pro Se Incarcerated Plaintiff Sue's Motion for Clarification of Order to Consolidate (docket no. 87) is GRANTED as follows: In this motion, the Pro Se Incarcerated Plaintiff Sue seeks clarification to the following questions contained in the subject motion. The Court will respond to each of these questions: 1. 2. As a result of consolidation does a single plaintiff represent and answer for all of the plaintiffs in this case? No. As a result of consolidation do the plaintiffs have the ability to seek discovery from defendants that were not sued on their complaint before being consolidated? Yes, to the extend permitted pursuant to the Rule 16 Scheduling Order (docket no. 75) entered in this case and within the scope of Fed. R. Civ. P. 26. For those plaintiffs that had their 8th Amendment claim dismissed, is it now reinstated for purposes of the consolidation? No. When a plaintiff files a motion/ pleading with the court, does he have to serve a copy of the motion/pleading to the other plaintiffs? Yes and also upon all defendants. Should this consolidation case go to trial, will there be one trial for the plaintiffs,

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2 or four separate trials for each plaintiff? One trial for all plaintiffs unless Chief Judge Daniel grants a severance for separate trials. 6. Will there be separate discovery for each plaintiff, or will there be a scheduling conference for the purpose of establishing a single discovery schedule? The Rule 16 Scheduling Order (docket no.75) entered in case number 07-cv00229-WYD-MJW shall govern all discovery for all plaintiffs and all defendants. How will motions that were pending prior to the consolidation in the various cases be handled? All motions in the other cases before consolidation was granted have been entered on the docket in case no. 07-cv-00229-WYDMJW and will be addressed by either Magistrate Judge Watanabe or Chief Judge Daniel. The current caption approved by the court for the consolidated case only shows the name of one of the plaintiffs.... Will the court remedy this problem by using an injunction? No, there is no problem. The current caption of this case is as follows and all further pleadings, motions or other documents filed with this court should have the following caption: IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 07-cv-00229-WYD-MJW ERIC QUADE, SIMON E. SUE, NATHAN YBANEZ, LARRY ALLEN THOMPSON, PLAINTIFFS, v. WARDEN KEVIN MILYARD, et al. DEFENDANTS. Date: February 5, 2009

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