Rocha v. Zavaras et al

Filing 114

MINUTE ORDER denying as moot 112 Plaintiff's Motion on Previous Motion to Compel, by Magistrate Judge Michael E. Hegarty on 9/21/2011. (mehcd)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 10-cv-00357-CMA-MEH
MARCO A. ROCHA,
Plaintiff,
v.
S. TWILLEGER, individual capacity,
Defendant.

MINUTE ORDER
Entered by Michael E. Hegarty, United States Magistrate Judge, on September 21, 2011.
Plaintiff’s Motion on Previous Motion to Compel [filed September 20, 2011; docket #112]
is denied as moot. Plaintiff’s “Motion” seeks no relief from the Court; rather, Plaintiff simply resubmits a request for production as an interrogatory in response to his interpretation of this Court’s
September 12, 2011 order. However, the order directs the Plaintiff to “submit a rewritten version
of RFP No. 4as an interrogatory as set forth herein to Defendant.” See docket #108 at 6 (emphasis
added).
Pursuant to Fed. R. Civ. P. 5(d)(1), interrogatories “must not be filed [with the court] until
they are used in the proceeding or the court orders filing[.]” Rather, as set forth in the September
12, 2011 order, any discovery requests, including interrogatories, are to be submitted directly to the
opposing party.