Jones v. GEO Group, Inc., The

Filing 56

MINUTE ORDER denying 53 Motion to Reopen Discovery for Limited Purposes. By Magistrate Judge Michael J. Watanabe on 1/29/13. (kfinn, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO

Civil Action No. 11-cv-02961-REB-MJW
JOHN JONES,
Plaintiff,
v.
THE GEO GROUP, INC.,
Defendant.
MINUTE ORDER
Entered by Magistrate Judge Michael J. Watanabe
It is hereby ORDERED that plaintiff’s Motion to Reopen Discovery for Limited
Purposes (Docket No. 53) is DENIED for the following reasons. Plaintiff seeks to
reopen discovery for the purpose of deposing at least three individuals regarding
possible intimidation and manipulation of witnesses. Among the individuals plaintiff
wishes to depose is defense counsel Shelby Felton. Discovery in the matter closed on
August 23, 2012. A Final Pretrial Conference was held on January 17, 2013. A fiveday trial is set to begin on February 25, 2013.
Factors used to determine is discovery should be reopened are: (1) the
imminence of trial; (2) whether the request is opposed; (3) the prejudice to the
nonmoving party; (4) whether the moving party was diligent in his efforts to obtain the
information within the discovery deadline; (5) the foreseeability that additional discovery
would be necessary prior to expiration of the deadline; and (6) whether the proposed
discovery is likely to lead to the discovery of relevant information. Smith v. United
States, 834 F.2d 166, 169 (10th Cir. 1987).
The court finds that the above factors weigh in favor of denying plaintiff’s motion.
Specifically, trial is set to being in less than thirty days. Defendant opposes plaintiff’s
motion. Further, the prejudice to defendant would be great given the short time until
trial and the scope of plaintiff’s requested additional discovery. The court agrees with
plaintiff that the fourth, fifth, and sixth factors favor reopening discovery (although
plaintiff provides little detail as to those factors). However, the court finds, on balance,
that plaintiff’s motion should be denied.
Date: January 29, 2013