Barrientos-Sanabria v. Lake County, Colorado et al

Filing 92

ORDER by Magistrate Judge Kristen L. Mix on 12/7/12, GRANTING 89 Motion for Leave To Allow Trial Brief Two Days Out of Time. IT IS FURTHER ORDERED that Plaintiff shall file a Response to the arguments raised in the Trial Brief [#88] on or before December 10, 2012. (nmmsl, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 11-cv-00838-KLM
OSVALDO BARRIENTOS-SANABRIA,
Plaintiff,
v.
EDWARD HOLTE, in his individual and official capacity,
ROD FENSKE, in his official capacity,
ANTONIO LOBATO, in his individual and official capacity, and
AARON D’MIZE, in his individual and official capacity,
Defendants.
_____________________________________________________________________
ORDER
_____________________________________________________________________
ENTERED BY MAGISTRATE JUDGE KRISTEN L. MIX
This matter is before the Court on Defendants’ Motion for Leave to Allow Trial
Brief Two Days Out of Time [Docket No. 89; Filed December 5, 2012] (the “Motion”).
Plaintiff has filed a Response [#91; Filed December 6, 2012]. No reply has been filed.
Defendants request leave to submit their trial brief two days later than the deadline
provided in the Amended Civil Trial Procedures Order [#70]. Defendants contend that
based on recent changes to Plantiff’s witness list, specifically the decision not to include
any medical witnesses, Defendants decided to file a last minute summary judgment motion,
thus delaying their ability to prepare the trial brief. Plaintiff argues in the Response that
Defendants have not show good cause for the out of time filing and that it should be
stricken. Alternatively, Plaintiff asks that he have until December 10, 2012 to respond to
the arguments raised in the trial brief.
The Court finds that Defendants have shown good cause for the two-day delay in

filing its trial brief. Accordingly,
IT IS HEREBY ORDERED that the Motion [#89] is GRANTED. Defendants Trial
Brief [#88] is accepted as timely filed.
IT IS FURTHER ORDERED that Plaintiff shall file a Response to the arguments
raised in the Trial Brief [#88] on or before December 10, 2012.
Dated: December 7, 2012