Phillips v. Tiona et al

Filing 215

MINUTE ORDER denying 213 Plaintiff's Motion to Compel. By Magistrate Judge Kathleen M. Tafoya on 4/18/11.(mnf, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 10–cv–00334–PAB–KMT

JEFFREY ALLEN PHILLIPS,
Plaintiff,
v.
SUSAN TIONA, Doctor, Kit Carson Correctional Center,
HOYT BRILL, Warden, Kit Carson Correctional Center,
JODI GRAY, Health Administrator, Kit Carson Correctional Center, and
CORRECTIONS CORPORATION OF AMERICA, owner of private prison KCCC,
Defendants.

MINUTE ORDER
ORDER ENTERED BY MAGISTRATE JUDGE KATHLEEN M. TAFOYA
This matter is before the court on Plaintiff’s “Motion to Compel” (Doc. No. 213, filed April 11,
2011). Plaintiff seeks to compel Defendants to answer his First Request for Admissions arguing
that defense counsel had him execute a release for records addressed to the wrong entity. (Id. at
2.) As a result, Defendants responded to Plaintiff’s First Request for Admissions, in part, with
the objection that they lacked sufficient information at the time to admit or deny Plaintiff’s
requests. (Id. at 8-13.) Plaintiff has since executed a release for records to the proper entity.
Accordingly the Motion is DENIED. However, all parties are reminded that they have a duty to
supplement discovery responses when and if information is received which requires such
supplementation. See Fed. R. Civ. P. 16(e).
Dated: April 18, 2011.