Aranda v. McCormac et al

Filing 96

Minute Entry for proceedings held before Magistrate Judge Kathleen M. Tafoya: Motion Hearing held on 11/4/2009. Granting in part and denying in part 78 MOTION for Order to Compel Discovery re: Request for Production of Documents Nos. 1, 4, 13, 15, 18, 19, 20 and 21. (FTR - Debra Brown) (Attachments: # 1 Defendant's Exhibit A "In Camera", # 2 Defendant's Exhibit B) (kmtcd)

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Magistrate Judge Kathleen M. Tafoya
Civil Action No. 08-cv-00487-WYD-KMT FT R Debra Brown, Deputy Clerk Pro se (Telephone) Plaintiffs. v. LT. M. McCORMAC, et al. Defendants. Christopher Alber

Date: November 04, 2009 DERRICK L. ARANDA

COURTROOM MINUTES / MINUTE ORDER

MOTION HEARING Court in Session: 9:02 a.m. Court calls case. Appearance by plaintiff, pro se by telephone and of Counsel. Plaintiff's MOTION for Order to Compel Discovery re: Request for Production of Documents Nos. 1, 4, 13, 15, 18, 19, 20 and 21. [Document #78, filed September 10, 2009] at issue: MOTION for Order to Compel Discovery re: Request for Production of Documents Nos. 1, 4, 13, 15, 18, 19, 20 and 21 is GRANTED IN PART AND DENIED IN PART as follows: W ith respect to Request for Production of Document No. 1 the Motion to Compel is moot and deemed withdrawn. W ith respect to Request for Production of Document No. 4 ruling on the Motion to Compel is held in abeyance pending review and ruling of Defendant's Exhibit "A" filed for "in camera" review. W ith respect to Request for Production of Document No. 13 the Motion to Compel is granted only to the extent Defendant's Exhibit "B" explains further there are no documents which are responsive to this request.

08-cv-00487-W YD-KMT November 04, 2009 Page 2

W ith respect to Request for Production of Document No. 15 the Motion to Compel is granted only to the extent that Mr. Alber agrees to inquire as to the existence of recorded interviews of the Plaintiff taken at Kit Carson correctional Facility regarding plaintiff's issues as to segregation. These tapes may have been forwarded to Offender Services. Defendant will supplement their response to Request No. 15 on or before November 20, 2009, if possible, but not later than November 30, 2009. W ith respect to Request for Production of Document No. 18 ruling on the Motion to Compel is held in abeyance pending review and ruling of Defendant's Exhibit "A" filed for "in camera" review. W ith respect to Request for Production of Document No. 19 the Motion to Compel is granted to the extent that Mr. Abler will attempt to locate any incident report regarding Plaintiff at Limon in 2001 on or before November 20, 2009 but not later than November 30, 2009. W ith respect to Request for Production of Document No. 20 the Motion to Compel is denied. W ith respect to Request for Production of Document No. 21 the Motion to Compel is denied.
Court in recess: 10:01 a.m. Total In-Court Time 0:59; hearing concluded. *To obtain a transcript of this proceeding, please contact Avery Woods Reporting at [phone].

Page 2 of 2