Carbajal v. Warner et al

Filing 484

MINUTE ORDER granting 479 Joint Motion to Exceed Seven (7) Hours for Taking Plaintiff's Deposition. By Magistrate Judge Kristen L. Mix on 5/7/2013.(klyon, )

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 10-cv-02862-REB-KLM DEAN CARBAJAL, Plaintiff, v. CAROL WARNER, in her individual capacity, DAVID ROMERO, in his individual capacity, JOE QUINTANA, in his individual capacity, BILL RAILEY, in his individual capacity, CHRIS WELDON, in his individual capacity, BENJAMIN SCHROEDER, in his individual capacity, GILBERTO LUCIO, in his individual capacity, JAMES DIXON, in his individual capacity, ADAM BARRETT, in his individual capacity, JOEL SMITH, in his individual capacity, JESSE REMBERT, in his individual capacity, JAY LOPEZ, in his individual capacity, MICHAEL O’NEILL, in his individual capacity, CITY AND COUNTY OF DENVER, a political subdivision of the State of Colorado, DARIN DESEL, Police Officer for the Denver Police Department, in his individual capacity, FRED MCKEE, Sheriff for the Delta Sheriff’s Department, in his individual capacity, PERRY SPEELMAN, Police Officer for the Denver Police Department, in his individual capacity, JEFFREY WATTS, Investigator for the Second Judicial District, in his individual capacity, and ED GRUNINGER, Investigator for the Second Judicial District and Police Officer for the Denver Police Department, in his individual capacity, Defendants. _____________________________________________________________________ MINUTE ORDER _____________________________________________________________________ ENTERED BY MAGISTRATE JUDGE KRISTEN L. MIX This matter is before the Court on Defendants’ Joint Motion to Exceed Seven (7) -1- Hours for Taking Plaintiff’s Deposition [Docket No. 479; Filed May 6, 2013] (the “Motion”). In the Motion, the nineteen Defendants, who have previously been divided into four groups for purposes of discovery allowances, seek to take a combined deposition of Plaintiff. They seek a total of 13 hours over the course of two consecutive days.1 The Court finds this request to be reasonable. Therefore, pursuant to the Court’s authority under Fed. R. Civ. P. 26(b)(2)(A) and 30(d)(1), IT IS HEREBY ORDERED that the Motion [#479] is GRANTED. Accordingly, IT IS FURTHER ORDERED that Defendants shall collectively have 13 hours in which to depose Plaintiff over the course of two consecutive days. IT IS FURTHER ORDERED that Plaintiff may be deposed for no more than 7 hours on any given day. IT IS FURTHER ORDERED that each group of Defendants shall be limited to the amount of time Defendants proposed, as listed in Footnote 1 to this Minute Order. Dated: May 7, 2013 1 The Delta Defendants (Bill Railey, Chris Weldon, Benjamin Schroeder, and Fred McKee) seek 3 hours. The Denver Defendants (City and County of Denver, Adam Barrett, Darin Desel, James Dixon, Jay Lopez, Gilberto Lucio, Michael O’Neill, Jesse Rembert, Joel Smith, and Perry Speelman) seek 5 hours. The Second Judicial District Defendants (Jeffrey Watts and Ed Gruninger) seek 2 hours. The Colorado Attorney General Defendants (Carol Warner, David Romero, Joe Quintana) seek 3 hours. -2-

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