Collins v. Arkansas Valley Community Center for the Handicapped and for Retarded Persons, Inc.

Filing 28

MINUTE ORDER granting 26 Plaintiffs Motion to Accept Late Filing Pursuant to Fed. R. Civ. P. 6(b)(1)(B) to respond to Defendant's First Set of Written Discovery to 07/22/2011, and Plaintiff's response served on that day is deemed timely, by Magistrate Judge Kristen L. Mix on 07/25/2011.(wjc, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 10-cv-03094-MSK-KLM
CYNTHIA A. COLLINS,
Plaintiff,
v.
ARKANSAS VALLEY COMMUNITY CENTER FOR THE HANDICAPPED AND FOR
RETARDED PERSONS, INC.,
Defendant.
_____________________________________________________________________
MINUTE ORDER
_____________________________________________________________________
ENTERED BY MAGISTRATE JUDGE KRISTEN L. MIX
This matter is before the Court on Plaintiff’s Motion to Accept Late Filing Pursuant
to Fed. R. Civ. P. 6(b)(1)(B) [Docket No. 26; Filed July 22, 2011] (the “Motion”). Fed. R.
Civ. P. 6(b)(1)(B) provides that the Court may, for good cause, extend the time for serving
written discovery responses upon a “motion made after the time has expired if the
[responding] party failed to act because of excusable neglect.” In this case, inadvertent
miscommunication between Plaintiff’s counsel caused a delay in responding to Defendant’s
written discovery requests. The Court finds that the miscommunication is “excusable
neglect.” Moreover, Defendant has not been prejudiced by the delay. The deadline for the
completion of discovery is November 8, 2011, which leaves ample time for Defendant to
review Plaintiff’s discovery responses and act accordingly.
IT IS HEREBY ORDERED that the Motion is GRANTED.
IT IS FURTHER ORDERED that the deadline for Plaintiff to respond to Defendant’s
First Set of Written Discovery is extended to July 22, 2011, and Plaintiff’s response served
on that day is deemed timely.
Dated: July 25, 2011