Hughes v. Kvasnicka et al

Filing 50

MINUTE ORDER granting 46 for Discovery Sanctions for Plaintiff's Failure to Appear at the Independent Medical Examination and Failure to Supplement Discovery Responses by Magistrate Judge Michael J. Watanabe on 12/12/12.(jjhsl, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO

Civil Action No. 11-cv-02442-WYD-MJW
JOEL HUGHES,
Plaintiff(s),
v.
DENVER POLICE OFFICER WESLEY KVASNICKA; and
THE CITY AND COUNTY OF DENVER, Jointly and Severally,
Defendant(s).

MINUTE ORDER

Entered by Magistrate Judge Michael J. Watanabe
It is hereby ORDERED that Defendants’ Motion for Discovery Sanctions for
Plaintiff’s Failure to Appear at the Independent Medical Examination and Failure to
Supplement Discovery Responses (docket no. 46) is GRANTED as follows.
Plaintiff has confessed the portion of the subject motion requesting that this court
Order Plaintiff to pay Dr. Bazaz the sum of $687.50 for Plaintiff’s failure to appear for his
IME exam. See paragraph 2 in Plaintiff’s Response (docket no. 49).
Plaintiff has provided supplemental discovery responses as outlined in Plaintiff’s
Response (docket no. 49). The discovery cut off date, however, was October 19, 2012.
The Final Pretrial Conference is currently set for January 24, 2013, at 9:30 a.m. The
dispositive motions deadline was November 21, 2012.
Pursuant to Fed. R. Civ. P. 16(f) and 37(b)(2)(A)(I) through (vii) and (b)(2)(C), I
find that the appropriate sanction for Plaintiff’s non-compliance (1) by not attending the
IME examination with Dr. Bazaz as agreed to by the parties, (2) by not providing, in the
past, timely medical releases as previously Ordered by this court, and (3) by Plaintiff’s
other refusals to comply with the discovery rules, is to strike Plaintiff’s personal injuries
and damages related thereto from consideration by the trier of fact. Plaintiff is not
permitted to seek and argue for personal injuries and damages related thereto at trial. I
do not find complete dismissal of this action is merited at this time as requested by
Defendants.

2
As a further sanction, Plaintiff shall pay the reasonable and necessary attorney
fees and costs incurred by Defendants in having to the file the subject motion (docket
no. 46). The parties are to forthwith meet and confer to see if they can agree upon the
amount of attorney fees and costs for the subject motion (docket no. 46). If the parties
can agree, then they shall file with the court their written Stipulation as to the amount of
attorney fees and costs by December 21, 2012. If the parties cannot agree, then
Defendants shall file their itemized affidavit for attorney fees and costs for the subject
motion (docket no. 46) on or before December 21, 2012. Response by Plaintiff to
Defendants’ itemized affidavit for attorney fees and costs shall be filed with the court on
or before December 31, 2012. If a Response is filed, then Defendants shall have up to
and including January 10, 2013, to file any Reply to Plaintiff’s Response.
Date: December 12, 2012