Marsh v. Persons et al

Filing 81

MINUTE ORDER denying 78 Plaintiff's Motion to Compel and for Sanctions Pursuant to Fed. R. Civ. P. 37(a) and Request for Forthwith Hearing, by Magistrate Judge Michael J. Watanabe on 3/11/2010.(mjwcd)

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 09-cv-00487-PAB-MJW ELMER MARSH, #40449 Plaintiff, v. RICHARD PERSONS, et al., Defendants. MINUTE ORDER Entered by Magistrate Judge Michael J. Watanabe It is hereby ORDERED that Plaintiff's Motion to Compel and for Sanctions Pursuant to Fed. R. Civ. P. 37(a) and Request for Forthwith Hearing (docket no. 78) is premature and therefore DENIED. On February 24, 2010, Plaintiff's counsel served discovery requests upon defense counsel. See Exhibit A attached to the subject motion (docket no. 78). Accordingly, the responses to such discovery requests are not due until March 26, 2010. Plaintiff filed the subject motion (docket no. 78) on March 9, 2010, which is prior to the date that discovery responses need to be provided to Plaintiff. Thus, the subject motion (docket no. 78) is premature and should be denied at this time. Date: March 11, 2010

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