Montoya v. Newman et al

Filing 147

MINUTE ORDER denying without prejudice 79 County Defendants' Motion for Summary Judgment. By Judge Robert E. Blackburn on 3/16/2015. (alowe)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge Robert E. Blackburn
Civil Action No. 12-cv-02362-REB-KLM
RAYMOND MONTOYA,
Plaintiff,
v.
BRUCE NEWMAN, in his official capacity as the Sheriff of Huerfano County Jail,
LARRY GARBISO,
DOE #1, 2 - detention center officer at Huerfano County Jail,
DOE #1-2, medical staff member at Huerfano County Jail, and
CHARLES NEECE, M.D.,
Defendants.
MINUTE ORDER1

The matter before the court is the County Defendants’ Motion for Summary
Judgment [#79]2 filed March 31, 2014. The deadline for the response of the plaintiff to this
motion has been delayed indefinitely, pending resolution of the motion of the plaintiff for
sanctions against the defendants for spoliation of evidence. The spoliation motion remains
pending.
As a matter of docket management, I deny the County Defendants’ Motion for
Summary Judgment [#79] filed March 31, 2014, without prejudice. Once the spoliation
motion is resolved, the county defendants may renew the County Defendants’ Motion for
Summary Judgment [#79] filed March 31, 2014, by filing a brief written notice stating that
the county defendants wish to renew that motion. After reviewing the motion, the file, and
the record, it is
ORDERED as follows:
1. That the County Defendants’ Motion for Summary Judgment [#79] filed March
31, 2014, is DENIED without prejudice;
2. That after the motion of the plaintiff for spoliation sanctions is resolved, the county

1

This minute order is issued pursuant to the express authority of the Honorable Robert E.
Blackburn, United States District Judge for the District of Colorado.
2

“[#28]” is an example of the convention I use to identify the docket number assigned to a
specific paper by the court’s case management and electronic case filing system (CM/ECF). I use this
convention throughout this order.

defendants may renew the County Defendants’ Motion for Summary Judgment [#79] filed
March 31, 2014, by filing a brief written notice stating that the county defendants wish to
renew that motion;
3. That if such a notice of renewal is filed by the county defendants, then the
response of the plaintiff to the County Defendants’ Motion for Summary Judgment [#79]
filed March 31, 2014, shall be filed within 14 days of the filing date of the notice of renewal;
4. That the any reply shall be filed within 10 days of the filing by the plaintiff of a
response.
Dated: March 16, 2015.

2