Handy v. Diggins et al

Filing 125

MINUTE ENTRY for Motion Hearing held on 9/12/2011 before Magistrate Judge Kathleen M. Tafoya, granting in part 98 Motion to Quash, denying 105 Motion for Leave without prejudice, and taking under advisement 114 Motion for Order. The Motion for Order 114 has been denied as to Requests for Production Nos. 4, 5, and 6, however the court will hear further argument on the remaining discovery issues at the Motion Hearing set for 9/16/2011 01:00 PM in Courtroom C201 before Magistrate Judge Kathleen M. Tafoya. For further information, please see attached minutes. (FTR: Nick Richards) (kmtcd)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Magistrate Judge Kathleen M. Tafoya
Civil Action No. 10-cv-02022-WYD-KMT

FTR - Courtroom C-201

Date: September 12, 2012

Deputy Clerk, Nick Richards

WYATT T. HANDY JR.,

Pro Se (by phone)

Plaintiff,
v.
CHIEF DIGGINS,
MAJOR V. CONNORS, and
CHAPLAIN SCOTT,

Thomas G. Bigler
Christopher Wayne Alber

Defendants.

COURTROOM MINUTES / MINUTE ORDER
MOTION HEARING
Court in session: 10:38 a.m.
Court calls case. Appearances of counsel. Christopher Wayne Alber appears on behalf
of the Interested Party, The Colorado Department of Corrections.
Motion Hearing is called on the Interested Party’s Motion to Quash Subpoena Duces
Tecum [Doc. No. 98, filed July 21, 2011], Plaintiff’s Motion for Leave to Take
Depositions Upon Written Questions of Sterritt Fuller or in the Alternative a Court Order
Directing Sterritt Fuller to Answer the Written Questions in a Affidavit Under Penalty or
Perjury [Doc. No. 105, filed July 25, 2011], and Plaintiff’s Motion for Order Compelling
Disclosures or Discovery for Failure to Disclose or Cooperate in Discovery [Doc. No.
114, filed July 29, 2011].
Plaintiff’s Motion for Leave to File an Amended Complaint [Doc. No. 93, filed July 20,
2011] will not be heard at this hearing.
Oral argument from Mr. Alber.
Oral argument from Mr. Handy.
It is ORDERED:

Motion to Quash Subpoena Duces Tecum [98] is GRANTED IN
PART. The subpoenaed party, The Colorado Department of
Corrections, shall disclose the documents as limited by the court

and discussed on the record to both plaintiff and defense counsel
on or before October 3, 2011. The Colorado Department of
Corrections will reserve the right to object or file any Motion to
Quash Documents once the responsive documents have been
identified.
Discussion of Motion for Leave to Take Written Deposition [105].
It is ORDERED:

Motion for Leave to Take Written Deposition [105] is DENIED
without prejudice for failure to comply with Fed. R. Civ. P. 31.

Oral argument from Mr. Handy.
Oral argument from Mr. Bigler.
It is ORDERED:

Motion for Order Compelling Disclosures [114] is TAKEN UNDER
ADVISEMENT.

The Motion is Denied as to Requests for Production Nos. 4, 5, and 6, however the court
will hear further argument on the remaining discovery issues at the continuation hearing
on September 16, 2011 at 1:00 p.m.
Court in Recess: 11:50 a.m.
Hearing to be continued.
Total In-Court Time 01:12
*To obtain a transcript of this proceeding, please contact Avery Woods Reporting at [phone].

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