Glaser v. City and County of Denver Colorado, The et al

Filing 40

MINUTE ORDER granting 33 non-party Clerk of the Denver District Courts (theClerk) Motion to Quash Subpoena Duces Tecum Issued to Clerk of the Denver District Court. The subpoena served on the Clerk on August 1, 2012 is QUASHED, by Magistrate Judge Kristen L. Mix on 8/15/2012.(ervsl, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 12-cv-00828-RBJ-KLM
DOUGLAS A. GLASER,
Plaintiff,
v.
CITY AND COUNTY OF DENVER, COLORADO,
MITCH MORRISSEY, Denver District Attorney, individually and in his official capacity
acting under color of law,
JOE MORALES, Denver Deputy District Attorney, individually and in his official capacity
acting under color of law,
KENNETH LAFF, Denver Assistant District Attorney, individually and in his official capacity
acting under color of law,
DAVID KARPEL, Denver Assistant District Attorney, individually and in his official capacity
acting under color of law,
PHILLIP GEIGLE, Denver Assistant District Attorney, individually and in his official capacity
acting under color of law,
RHEA BABCOCK, Colorado Dividion of Securities Investigator, individually and in her
official capacity acting under color of law,
JOE JOYCE, Social Security Administration Agent, individually and in his official capacity
acting under color of law,
MATT MCQUEEN, Secret Service Agent, individually and in his official capacity acting
under color of law,
RICK FLORES, Secret Service Agent, individually and in his official capacity acting under
color of law,
ALFREDO YBARRA, Denver Police Officer, individually and in his official capacity acting
under color of law,
ROBERT ROCK, Denver Police Officer, individually and in his official capacity acting under
color of law,
MARK DALVIT, Denver Police Officer, individually and in his official capacity acting under
color of law,
ROBERT FREUND, Denver Police Officer, individually and in his official capacity acting
under color of law,
KELLY OHU, Denver Police Officer, individually and in her official capacity acting under
color of law,
SHARON HUGHES, Denver Police Officer, individually and in her official capacity acting
under color of law,
BRIAN CRAME, Denver Police Officer, individually and in his official capacity acting under
color of law,
MIKE SCHWARTZ, Denver Police Officer, individually and in his official capacity acting
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under color of law,
MARK BEVERIDGE, Denver Police Officer, individually and in his official capacity acting
under color of law,
JOSHUA VALERIO, Denver Police Officer, individually and in his official capacity acting
under color of law,
TROY EDWARDS, Denver Police Officer, individually and in his official capacity acting
under color of law,
CARRIE MAESTAS, Denver Police Officer, individually and in her official capacity acting
under color of law,
RUBEN ROJAS, Denver Police Officer, individually and in his official capacity acting under
color of law,
DAVID IVERSON, Denver Police Officer, individually and in his official capacity acting
under color of law,
ERIK REIDMULLER, Denver Police Officer, individually and in his official capacity acting
under color of law,
MATTHEW GRIMSLEY, Denver Police Officer, individually and in his official capacity acting
under color of law,
MARK SCHONK, Denver Police Officer, individually and in his official capacity acting under
color of law,
MATTHEW CHURCH, Denver Police Officer, individually and in his official capacity acting
under color of law,
DAVID SMITH, Denver Police Officer, individually and in his official capacity acting under
color of law,
KEVIN FRAZER, Denver Police Officer, individually and in his official capacity acting under
color of law,
BRIAN GORDON, Denver Police Officer, individually and in his official capacity acting
under color of law,
RAY WILLIS MANNON, d/b/a JOSTEE BAIL BONDS, LLC, AGENT of ACCREDITED
INSURANCE, individually and in his official capacity acting under color of law,
DOUGLAS PRITCHARD, Department of Homeland Security Agent, individually and in his
official capacity acting under color of law,
ANNE MANSFIELD, Denver District Court Judge, individually and in her official capacity
acting under color of law,
ANDY SHOPNECK, Denver Assistant District Attorney, individually and in his official
capacity acting under color of law,
Defendants.
_____________________________________________________________________
MINUTE ORDER
_____________________________________________________________________
ENTERED BY MAGISTRATE JUDGE KRISTEN L. MIX
This matter is before the Court on non-party Clerk of the Denver District Court’s (the
“Clerk”) Motion to Quash Subpoena Duces Tecum Issued to Clerk of the Denver
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District Court [Docket No. 33; Filed August 8, 2012] (the “Motion”). On August 1, 2012,
Plaintiff, who proceeds in this matter pro se, served a subpoena on the Clerk to obtain
production of “All Grand Jury transcripts and colloquy pertaining to traffic investigation case
#05CR3986 (March 2005—August 2005).” See Ex. A to Motion [#33-1]. The Clerk filed
the present Motion seeking to quash the subpoena on August 8, 2012 because the
subpoena seeks to compel “disclosure of privileged or other protected matter.” Motion
[#33] at 2 (citing Fed. R. Civ. P. 45(c)(3)(A)).
Plaintiff’s request seeking documents from the Clerk, or from any party or non-party,
is premature. A Scheduling Conference setting the parameters of discovery has not yet
been held in this matter. See Fed. R. Civ. P. 16(b)(3). Accordingly,
IT IS HEREBY ORDERED that Motion [#33] is GRANTED. The subpoena served
on the Clerk on August 1, 2012 is QUASHED.
Dated: August 15, 2012

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