Arrington v. Born-n-Raised, Inc. et al

Filing 165

MINUTE ORDER by Magistrate Judge Kristen L. Mix on 4/2/14 DENYING 161 Motion to Determine Sufficiency of Objections to Requests for Admissions and to Establish That Documents Provided By a Party in Discovery Are Admissions and Are Self-Authenticating.(lgale)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 12-cv-00172-LTB-KLM
TROY R. ARRINGTON, II,
Plaintiff,
v.
TIMOTHY R. CHAVEZ,
Defendant.
_____________________________________________________________________
MINUTE ORDER
_____________________________________________________________________
ENTERED BY MAGISTRATE JUDGE KRISTEN L. MIX
This matter is before the Court on Plaintiff’s Motion to Determine Sufficiency of
Objections to Requests for Admissions and to Establish That Documents Provided
By a Party in Discovery Are Admissions and Are Self-Authenticating [#161] (the
“Motion”).
IT IS HEREBY ORDERED that the Motion [#161] is DENIED. Discovery requests
cannot be served after the discovery deadline, which occurred in this matter on May 15,
2013.1 Plaintiff has not sought an extension of the discovery deadline. Thus, Plaintiff’s
Requests for Admissions are untimely and Defendant need not respond. If Plaintiff is
seeking stipulations of facts for trial, he should have addressed these with Defendant in the
process of preparing the Final Pretrial Order.2 To the extent that Plaintiff seeks an order
establishing that documents provided by Defendant are self-authenticating, the Court notes
that documents are only self-authenticating as provided by Fed. R. Evid. 902. If Plaintiff
is seeking stipulations of authenticity of certain documents, he should also have addressed
these with Defendant in the process of preparing the Final Pretrial Order.
IT IS FURTHER ORDERED that Plaintiff’s request for attorney’s fees and costs is
DENIED.
Dated: April 2, 2014

1

The discovery deadline was extended twice beyond May 15, 2013 for matters unrelated
to written discovery.
2

The Pretrial Conference was held before Senior Judge Babcock on May 17, 2013. [#81].