Atencio v. Bitech, Inc et al

Filing 61

ORDER granting 52 Motion to Compel Discovery Response, and granting the plaintiff his reasonable expenses, by Magistrate Judge Boyd N. Boland on 1/31/14. 54 First Unopposed Motion for Extension of Time Regarding Discovery Cut-Off is granted. (dkals, )

Download PDF
IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Magistrate Judge Boyd N. Boland Civil Action No. 12-cv-00057-CMA-BNB ALEXI ATENCIO, Plaintiff, v. BITECH, INC., d/b/a Performance Bicycle Shop, Inc., a/k/a Performance Bike Denver a/k/a Performance Bicycle, MARTEC INDUSTRIAL, INC., a/k/a Martek, a/k/a Martec Industrial Corporation, and LONGDA TECHNOLOGIES, LTD., Defendants. ______________________________________________________________________________ ORDER ______________________________________________________________________________ This matter arises on the following: (1) Plaintiff’s Motion to Compel Discovery Response [Doc. # 52, filed 12/20/2013] (the “Motion to Compel”); and (2) Plaintiff’s First Unopposed Motion for Extension of Time Regarding Discovery Cut-Off [Doc. # 54, filed 12/27/2013] (the “Motion for Extension”). I held a hearing on the motions this morning and made rulings on the record, which are incorporated here. IT IS ORDERED: (1) The Motion to Compel [Doc. # 52] is GRANTED. On or before February 7, 2014, Longda shall provide full and complete responses to the Plaintiff’s First Set of Interrogatories, and Requests for Production of Documents, in conformity with the formalities of the Federal Rules of Civil Procedure. Longda’s failure to comply with this order and provide the discovery as required may result in the imposition of sanctions including, but not limited to, the entry of judgment. (2) The plaintiff is granted his reasonable expenses, including attorneys fees, incurred in making the Motion to Compel. The expenses are awarded against Longda only, and not its counsel. To facilitate the award of expenses, the parties shall confer. If the parties are not able to agree on the amount of expenses to be awarded, or if the amount agreed to is not paid in full, the plaintiff shall file on or before February 28, 2014, a fee petition that complies with the requirements of D.C.COLO.LCivR 54.3. (3) The Motion for Extension [Doc. # 54] is GRANTED, and the plaintiff may have to and including February 28, 2014, within which to complete his discovery against Longda. Dated January 31, 2014. BY THE COURT: s/ Boyd N. Boland United States Magistrate Judge 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?