Savajian v. Milyard et al

Filing 92

ORDER: denying 89 Plaintiffs Second Request For Production of Documents and Other Tangible Discovery Materials to Defendant Christopher Wade, by Magistrate Judge Boyd N. Boland on 10/22/09.(bnbcd, )

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Magistrate Judge Boyd N. Boland Civil Action No. 09-cv-00354-CMA-BNB GREGG JOSEPH SAVAJIAN, #125166 Plaintiff, v. KEVIN MILYARD, Warden, Sterling Correctional Facility, PHYSICIAN'S HEALTH PARTNERS, Facility Medical Provider, DR. J. G. FORTUNADO, Staff Supr. Physician (PHP), BRIAN WEBSTER, Physician's Asst. (PHP), BEVERLY DOWIS, Facility Medical Administrator (PHP), and OFFICER CHRIS WADE, Facility Transport Driver, Defendants. ______________________________________________________________________________ ORDER ______________________________________________________________________________ This matter arises on Plaintiff's Second Request For Production of Documents and Other Tangible Discovery Materials to Defendant Christopher Wade [Doc. # 89, filed 10/20/2009] (the "Motion"). The Motion is DENIED. The plaintiff seeks an order compelling the defendants to produce certain documents in response to a request for production of documents. The request for production is not attached to the Motion, however, nor does the plaintiff set forth verbatim each of his requests and the defendants' responses to those requests.

Local rule of practice 37.1, D.C.COLO.LCivR, specifies the form of discovery motions as follows: A motion under Fed. R. Civ. P. 26 or 37 directed to interrogatories or requests under Fed. R. Civ. P. 33 or 34 or to responses thereto shall set forth verbatim the interrogatory, request, and response to which the motion is directed. This is an important requirement. I cannot rule on a motion to compel in an informed manner unless I know precisely the content of the request and response. IT IS ORDERED that the Motion is DENIED for failure to comply with the requirements of D.C.COLO.LCivR 37.1. Dated October 22, 2009. BY THE COURT: s/ Boyd N. Boland United States Magistrate Judge

2