Carbajal v. Warner et al

Filing 711

MINUTE ORDER by Magistrate Judge Kristen L. Mix on 7/20/15. # 672 Motion for Protective Order is GRANTED in part and DENIED in part. (lgale, )

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, and
JEFFREY WATTS, Investigator for the Second Judicial District, in his individual
capacity,
Defendants.
_____________________________________________________________________
MINUTE ORDER
_____________________________________________________________________
ENTERED BY MAGISTRATE JUDGE KRISTEN L. MIX
This matter is before the Court on the Delta Defendants’ Motion for Protective
Order [#672] (the “Motion”). Plaintiff filed a Response [#691] in opposition to the Motion,
and the Delta Defendants filed a Reply [#709]. On March 5, 2015, a Status Conference
was held in which additional discovery was permitted by the Court. See [#643]. A deadline
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of June 6, 2015 was set for the completion of all discovery. Plaintiff mailed additional
discovery requests to the Delta Defendants on May 15, 2015. See Envelope [#672-2] at 14.
A party has thirty days to respond to written discovery requests after service, and service
is effective the day the requests are mailed. See Fed. R. Civ. P. 5(b)(2)(C), 33(b)(2),
34(b)(2)(A), 36(a)(3). Thus, at the earliest, the Delta Defendants’ responses to the written
discovery were due on June 14, 2015. Plaintiff therefore did not serve his written discovery
requests on the Delta Defendants in a timely manner, i.e., thirty days or more before the
discovery deadline. Accordingly,
IT IS HEREBY ORDERED that the Motion [#672] is GRANTED in part and DENIED
in part. The Motion is granted pursuant to Fed. R. Civ. P. 26(c), insofar as the Delta
Defendants need not respond to Plaintiff Dean Carbajal’s Second Set of Written Discovery
Requests To The Delta Defendants [#672-2]. The Motion is denied without prejudice to
the extent the Delta Defendants also seek expenses, including attorney fees, they have
incurred in connection with the Motion. Any request for attorney fees shall first comply with
D.C.COLO.LCivR 54.3.

Dated: July 20, 2015

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