Carbajal v. Warner et al

Filing 582

MINUTE ORDER. ORDERED that the discovery Motions [#498, #500, #504, #505, #510, #521] are DENIED without prejudice, based on the stay of discovery entered in this matter on October 11, 2013. See Order [#553]. When and if the stay of discovery is re moved, pending discovery motions may be timely refiled, if necessary, within thirty (30) days of the issuance of the order lifting the stay. ORDERED that the deadline Motions [#548, #550, #566] are GRANTED in part. The pending discovery and dispositive motions deadlines are VACATED. ORDERED that the fees Motions [#557, #564] are DENIED as moot based on the Court-ordered filing of amended Motions [#576, #577] by Magistrate Judge Kristen L. Mix on 01/09/14.(jjhsl, )

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 Jeffrey Watts and Edward Gruninger’s
Motion for a Protective Order Concerning Plaintiff’s Subpoena to Produce
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Documents Directed at Sprint Telecommunications from Defendants Jeffrey Watts
and Edward Gruninger [#498];1 on Non-party Killmer, Lane & Newman, LLP’s Motion to
Quash [#500]; on Defendants City and County of Denver, Gilberto Lucio, James Dixon,
Adam Barrett, Joel Smith, Jesse Rembert, Jay Lopez, Darin Desel, and Perry Speelman’s
(collectively, the “Denver Defendants”) Motion to Quash Subpoena [#504]; on the Denver
Defendants’ Motion to Quash Subpoena [#505]; on the Denver Defendants’ Motion to
Compel Discovery Pursuant to Fed. R. Civ. P. 37(a) [#510]; on Plaintiff’s Notice to
Court of Department of Corrections’ Refusal to Allow Mr. Carbajal to Meet or Call His
Legal Assistant, or Participate in Depositions, and Motion for Extension of Time to
Respond to Denver Defendants’ Second Discovery Request [#521]; on Defendants’
Joint Motion for Extension of Discovery Deadline for the Limited Purpose of
Deposing Plaintiff [#548]; on Plaintiff’s Motion for Extension of Discovery Deadline
[#550]; on the Denver Defendants’ Petition for Fees and Costs [#557]; and on the State
Defendants’ Motion for Fees and Costs [#564]; and on Defendants’ Joint Motion for
Extension of Dispositive Motion Deadline [#566].
IT IS HEREBY ORDERED that the discovery Motions [#498, #500, #504, #505,
#510, #521] are DENIED without prejudice, based on the stay of discovery entered in this
matter on October 11, 2013. See Order [#553]. When and if the stay of discovery is
removed, pending discovery motions may be timely refiled, if necessary, within thirty (30)
days of the issuance of the order lifting the stay.
IT IS FURTHER ORDERED that the deadline Motions [#548, #550, #566] are
GRANTED in part. The pending discovery and dispositive motions deadlines are
VACATED. Case management deadlines in this matter, including those for discovery and
dispositive motions, will be reset, if necessary, following removal of the stay currently in
place for this matter.
IT IS FURTHER ORDERED that the fees Motions [#557, #564] are DENIED as
moot based on the Court-ordered filing of amended Motions [#576, #577].

Dated: January 9, 2014

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“[#498]” is an example of the convention the Court uses to identify the docket number
assigned to a specific paper by the court’s case management and electronic case filing system
(CM/ECF). This convention is used throughout this Minute Order.

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