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, )

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

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