Parker v. Ritter et al

Filing 508

MINUTE ORDER granting 506 Plaintiffs Renewed Motion to Re-Open Discovery. Discovery due by 3/15/2012, by Magistrate Judge Kristen L. Mix on 01/27/2012.(wjc, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 08-cv-00737-MSK-KLM
KEITH PARKER,
Plaintiff,
v.
CAPTAIN HALL,
MRS. DONNA WEBSTER,
LT. M. MCCORMICK,
LT. PIPER,
COLORADO DEPARTMENT OF CORRECTIONS, and
COLORADO DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT,
Defendants.
_____________________________________________________________________
MINUTE ORDER
_____________________________________________________________________
ENTERED BY MAGISTRATE JUDGE KRISTEN L. MIX
This matter is before the Court on Plaintiff’s Renewed Motion to Re-Open
Discovery [Docket No. 506; Filed January 24, 2012] (the “Motion”). “Whether to extend
or reopen discovery is committed to the sound discretion of the trial court . . . .” Smith v.
United States, 834 F.2d 166, 169 (10th Cir. 1987). The Tenth Circuit
identified several relevant factors in reviewing decisions concerning whether
discovery should be reopened, including: 1) whether trial is imminent, 2)
whether the request is opposed, 3) whether the non-moving party would be
prejudiced, 4) whether the moving party was diligent in obtaining discovery
within the guidelines established by the court, 5) the foreseeability of the
need for additional discovery in light of the time allowed for discovery by the
district court, and 6) the likelihood that the discovery will lead to relevant
evidence.
Smith, 834 F.2d at 169 (citation omitted).
Although Defendants oppose the relief sought, the Court finds that review of the
Smith factors in the context of Plaintiff’s request weighs in favor of re-opening discovery for

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the limited purpose of conducting the depositions identified herein.1 Accordingly,
IT IS HEREBY ORDERED that the Motion is GRANTED as follows. Discovery is
re-opened for the limited purpose of Plaintiff conducting the following depositions: 1)
Defendant Hall, for no more than two hours; 2) Defendant Webster, for no more than two
hours; 3) Defendant McCormick, for no more than two hours; 4) Defendant Piper, for no
more than two hours; 5) Jose Medellin, for no more than one hour; 6) Paul Hollenbeck, for
no more than two hours; and 7) Nurse Jane Doe, once (and if) identified, for no more than
two hours. All seven depositions must be completed on or before March 15, 2012.
Dated: January 27, 2012

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A judicial officer may rule on a motion at any time after it is filed. D.C.COLO.LCivR 7.1C.

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