Hunsaker v. Jimerson et al

Filing 146

MINUTE ORDER. The plaintiffs Motion for Order that Certain Requestsfor Admission are Deemed Admitted 130 is denied. Defendants shall serve responses to the Plaintiffs Third Requests for Admission to Defendants 130 at 28-29) on or before 6/10/2011. By Magistrate Judge Michael J. Watanabe on 6/1/2011.(sah, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 08-cv-01479-REB-MJW

WILLIAM J. HUNSAKER, JR.,
Plaintiff,
v.
JAMES JIMERSON,
MICHELLE NYCZ,
ELIZABETH LIMBRIS,
CATHIE HOLST,
ARISTEDES ZAVARAS, AND
KEN MILYARD,
Defendants.

MINUTE ORDER
Entered by Magistrate Judge Michael J. Watanabe
It is hereby ORDERED that the plaintiff’s Motion for Order that Certain Requests
for Admission are Deemed Admitted (Docket No. 130) is denied. According to
defendants’ response (Docket No. 145), they responded to the first two requests for
admission, but admittedly the first responses were delayed due to a clerical error. In
addition, according to defense counsel, plaintiff’s third set was never received, and a
copy of the third requests has been sent to the CDOC for response. Although
defendants should have sought either a stipulation or a court order for the delayed
responses to the first set, plaintiff has not shown any prejudice as a result of the
delayed responses. This court finds that granting the plaintiff’s motion will not facilitate
and maintain the merits of the case. It is further
ORDERED that defendants shall serve responses to the Plaintiff’s Third
Requests for Admission to Defendants (Docket No. 130 at 28-29) on or before June 10,
2011.
Date: June 1, 2011