Montoya v. Newman et al

Filing 91

MINUTE ORDER granting 89 Plaintiff's Motion to Reopen Discovery for Limited Purposes Related to Evidence of Spoliation. By Magistrate Judge Kristen L. Mix on 5/15/2014.(klyon, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
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 ORDER
_____________________________________________________________________
ENTERED BY MAGISTRATE JUDGE KRISTEN L. MIX
This matter is before the Court on Plaintiff’s Motion to Reopen Discovery for
Limited Purposes Related to Evidence of Spoliation [#89]1 (the “Motion”).
IT IS HEREBY ORDERED that the Motion [#89] is GRANTED.2 Accordingly,
IT IS FURTHER ORDERED that discovery is reopened for the limited purpose of
allowing Plaintiff to take discovery regarding his allegation of spoliation of evidence. On or
before June 2, 2014, Plaintiff may take the following discovery: (1) up to 7 hours of total
deposition testimony, (2) service of one third-party subpoena, and (3) service of one
request for production on Defendant Newman.
IT IS FURTHER ORDERED that Defendant Newman’s response to the request for
production shall be served on Plaintiff on or before five business days after the date of
service of the request for production on Defendant Newman.
Dated: May 15, 2014

1

“[#89]” 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 Minute Order.
2

The Court may rule on a pending motion at any time. D.C.COLO.LCivR 7.1(d).