Ain v. UNUM Life Insurance Company of America

Filing 45

ORDER denying 39 Plaintiff's Motion to Compel; granting in part and denying in part 35 Plaintiff's Second Motion to Compel, Signed by Magistrate Judge Boyd N. Boland on 1/20/09.(erv, )

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Magistrate Judge Boyd N. Boland Civil Action No. 08-cv-00540-WYD-BNB JONATHAN AIN, Plaintiff, v. UNUM LIFE INSURANCE COMPANY OF AMERICA, Defendant. ______________________________________________________________________________ ORDER ______________________________________________________________________________ This matter arises on the following: (1) Compel"); and (2) Plaintiff's Second Motion to Compel [Doc. # 39, filed 12/29/2008] (the "Second Plaintiff's Motion to Compel [Doc. # 35, filed 12/19/2008] (the "Motion to

Motion to Compel"). I held a hearing on the motions yesterday and made rulings on the record, which are incorporated here. In summary and for the reasons stated on the record: IT IS ORDERED that the Motion to Compel is DENIED. IT IS FURTHER ORDERED that the Second Motion to Compel is GRANTED IN PART and DENIED IN PART as follows: GRANTED to require production of documents responsive to Production Request No. 5, subject to the entry of an appropriate blanket protective order to assure any privacy interests which the employees may have in the requested documents. Responsive documents shall be

produced at the later of (a) January 30, 2009, or (b) promptly following entry of the blanket protective order; DENIED with respect to Production Request No. 17, but the parties are directed to consult further under D.C.COLO.LCivR 7.1A to determine if there are any responsive documents and whether they can agree on the production of any responsive documents without further order of the court; and DENIED in all other respects. IT IS FURTHER ORDERED that the defendant shall serve, on or before January 30, 2009, supplemental discovery responses consistent with the Federal Rules of Civil Procedure identifying any production requests for which there are no responsive documents in its possession, custody, or control. IT IS FURTHER ORDERED that the defendant's requests for an award of attorneys fees and costs is DENIED. Dated January 21, 2009. BY THE COURT: s/ Boyd N. Boland United States Magistrate Judge

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