Kellar v. United States Department of Veterans Affairs

Filing 103

MINUTE ORDER granting 99 Motion for Leave to file a JointSupplement to Motion to Recuse"; denying 100 Motion to Clarify; granting 101 Motion for Extension of Time on or before April 24, 2009, Plaintiff and Dr. Gammons shall file a Joint Supplement to Motion to Recuse. No further extensions of time will be permitted. by Magistrate Judge Kristen L. Mix on 4/21/09.(erv, )

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 08-cv-00761-WYD-KLM RICHARD D. KELLAR, Plaintiff, v. UNITED STATES DEPARTMENT OF VETERAN AFFAIRS, a federal agency of the United States Defendant. _____________________________________________________________________ MINUTE ORDER _____________________________________________________________________ ENTERED BY MAGISTRATE JUDGE KRISTEN L. MIX This matter is before the Court on three unopposed Motions filed by Plaintiff and interested party Dr. Deneen R. Gammons, Ph.D., pertaining to the Court's April 17, 2009 Order [Docket No. 98] granting Plaintiff leave to supplement the pending Joint Motion to Recuse [Docket Nos. 99, 100 & 101; Filed April 20, 2009] (the "Motions"). IT IS HEREBY ORDERED that Motion No. 99 is GRANTED. Although only Plaintiff moved and was given leave to file a supplement to the pending Joint Motion to Recuse [Docket No. 96], because the current Motion, which is filed by both Plaintiff and Dr. Gammons, is unopposed, the Court will permit the moving parties to file a "Joint Supplement to Motion to Recuse." Upon its filing, no further supplementation will be permitted. IT IS HEREBY ORDERED that Motion No. 100 is DENIED. The Motion purports to seek clarification of the Court's April 17, 2009 Order, but does not indicate what the moving parties found to be unclear. I cannot provide the relief requested without identification of the source of the confusion. IT IS HEREBY ORDERED that Motion No. 101 is GRANTED. Accordingly, on or before April 24, 2009, Plaintiff and Dr. Gammons shall file a "Joint Supplement to Motion to Recuse." No further extensions of time will be permitted. IT IS FURTHER ORDERED that Defendant shall file a single Response to the Joint Motion to Recuse and the Joint Supplement to Motion to Recuse, if any, on or before May 4, 2009. Any Reply shall be filed no later than May 11, 2009. No extensions of these deadlines will be permitted.

By entry of this Minute Order, the Court makes no decision regarding the standing of a non-party witness to seek recusal. See, e.g., United States v. Sciarra, 851 F.2d 621, 634-36 (3d Cir. 1988). Any decision on that issue will be addressed in subsequent rulings. Dated: April 21, 2009