Georgacarakos v. Wiley et al

Filing 565

MINUTE ORDER denying 502 Plaintiff's Supplemental Motion to Compel Discovery by Magistrate Judge Michael E. Hegarty on 03/17/09.(wjc, )

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 07-cv-01712-MSK-MEH PETER GEORGACARAKOS, Plaintiff, v. WILEY, et al., Defendants. MINUTE ORDER Entered by Michael E. Hegarty, United States Magistrate Judge, on March 17, 2009. Plaintiff's Supplemental Motion to Compel Discovery [filed February 9, 2009; docket #502] is denied. Pursuant to Fed. R. Civ. P. 36 concerning Requests for Admissions, "[t]he answering party may assert lack of knowledge or information as a reason for failing to admit or deny only if the party states that it has made reasonable inquiry and that the information it knows or can readily obtain is insufficient to enable it to admit or deny." Defendants Herschberger's and Cruz' answers to Plaintiff's requests for admissions comply with Rule 36's requirement. Plaintiff's complaint that Defendants claim not to have access to certain documents is without merit in that documents, or information therefrom, may only be produced if in the party's "possession, custody or control." See Fed. R. Civ. P. 34.

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