Blackman v. Torres
Filing
90
MINUTE ORDER denying 89 Plaintiff's Motion for Reconsideration. By Judge Robert E. Blackburn on 7/25/2013.(klyon, )
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge Robert E. Blackburn
Civil Case No. 11-cv-02066-REB-BNB
ROBERT BLACKMAN,
Plaintiff,
v.
MR. TORRES, Correctional officer,
Defendant.
MINUTE ORDER
The Plaintiff's Motion For Reconsideration [#89] filed July 24, 2013, is
DENIED. On July 10, 2013, the plaintiff filed with the court copies [#86] of
interrogatories and requests for production directed to the defendant. The court entered
a minute order [#87] striking the plaintiff's filing [#86]. The plaintiff seeks
reconsideration of that minute order [#87].
Under Fed.R.Civ.P. 5(d)(1), requests for admissions and other pre-trial discovery
and disclosures “must not be filed until they are used in the proceeding or the court
orders filing.” However, when the plaintiff's interrogatories and requests for admission
properly are served on the defendant, the defendant is obligated to respond to those
discovery requests, even though the discovery requests have not been filed with the
court.
Dated: July 25, 2013
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