Alexander et al v. Archuleta County, Colorado et al

Filing 63

ORDER. The Recommendation of United States Magistrate Judge KristenL. Mix 57 filed 08/11/2009, is AFFIRMED and ADOPTED, and Defendants Motion to Strike Affidavits or, in the Alternative, Unopposed Motion to Suspend Briefing on Motion for Summary Judgment is GRANTED in part and DENIED in part.The Motion to Strike Affidavits is DENIED. By Judge Christine M. Arguello on 10/2/2009.(sah, )

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Judge Christine M. Arguello Civil Action No. 08-cv-00912-CMA-KLM WAYNE ALEXANDER, and EUGENE REILLY, Plaintiffs, v. ARCHULETA COUNTY, COLORADO, PETER L. GONZALEZ, individually and in his official capacity as Sheriff of Archuleta County, Colorado, JOHN J. WEISS, individually and in his official capacity as Undersheriff of Archuleta County, Colorado, Defendants. ORDER ADOPTING AND AFFIRMING AUGUST 11, 2009 RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE This matter is before the Court on Defendants' Motion to Strike Affidavits or, in the Alternative, Unopposed Motion to Suspend Briefing on Motion for Summary Judgment (Doc. # 42), filed June 2, 2009. The motion was referred to Magistrate Judge Kristen L. Mix for a recommendation on June 3, 2007 (Doc. # 44). Magistrate Judge Mix issued a Recommendation on August 11, 2009 that the above-referenced motion be granted in part and denied in part. (Recommendation at 1.) The Recommendation is incorporated herein by reference. See 28 U.S.C. § 636(b)(1)(B), Fed.R.Civ.P. 72(b). The Recommendation advised the parties that specific written objections were due within ten (10) days after being served with a copy of the Recommendation.

(Recommendation at 7.) Despite this advisement, no objections to the Magistrate Judge's Recommendation were filed by either party. "In the absence of timely objection, the district court may review a magistrate. . . [judge's] report under any standard it deems appropriate." Summers v. Utah, 927 F.2d 1165, 1167 (10th Cir. 1991) (citing Thomas v. Arn, 474 U.S. 140, 150 (1985) (stating that "[i]t does not appear that Congress intended to require district court review of a magistrate's factual or legal conclusions, under a de novo or any other standard, when neither party objects to those findings"). Applying this standard, I am satisfied that the Recommendation of Magistrate Judge Mix is sound and that there is no clear error on the face of the record. See Fed.R.Civ.P. 72(a). Accordingly, it is hereby ORDERED that the Recommendation of United States Magistrate Judge Kristen L. Mix (Doc. # 57), filed August 11, 2009, is AFFIRMED and ADOPTED, and Defendants' Motion to Strike Affidavits or, in the Alternative, Unopposed Motion to Suspend Briefing on Motion for Summary Judgment is GRANTED in part and DENIED in part. IT IS FURTHER ORDERED that the Motion to Strike Affidavits is DENIED. The Court notes that this case has been set for a five-day jury trial beginning February 22, 2010. With respect to additional discovery, briefing, and witness endorsements, the Court hereby ORDERS that the parties follow the dates set forth below:

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No later than: October 13, 2009 November 13, 2009 November 30, 2009 December 14, 2009 DATED: October 2 Plaintiffs to produce all communications between them and Oertel and Lee; Defendants to take the depositions of Oertel and Lee and a supplemental deposition of Plaintiff Alexander; Defendants to endorse rebuttal witnesses to the testimony of Oertel and Lee; and Defendants to file a supplemental reply in support of the Motion for Summary Judgment. , 2009 BY THE COURT: _______________________________ CHRISTINE M. ARGUELLO United States District Judge

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