DeAtley et al v. Keybank National Association et al

Filing 90

ORDER by Magistrate Judge Boyd N. Boland on 4/18/14. KeyBank's Motion to Compel 85 is GRANTED. On or before April 30, 2014, the plaintiffs shall serve full and complete answers to the interrogatories and responses to each request for productio n. On or before May 16, 2014, the plaintiffs must complete a second review of all documents in their possession, custody, and control to assure that all responsive documents have been produced. On or before May 21, 2014, the plaintiffs shall serve supplemental responses to each request for production, without objections. On or before April 25, 2014, if at all, the defendant shall file a motion under Fed. R. Civ. P. 37(d) for reasonable expenses, including attorneys fees. (bsimm)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Magistrate Judge Boyd N. Boland
Civil Action No. 12-cv-02973-PAB-BNB
ALAN DEATLY,
NAPI (Colorado) LLC, a Washington limited liability company, and
15 CORPORATIONS, INC., a Washington limited liability company,
Plaintiffs,
v.
KEYBANK NATIONAL ASSOCIATION, an Ohio corporation,
Defendant.
______________________________________________________________________________
ORDER
______________________________________________________________________________
This matter arises on KeyBank’s Motion to Compel [Doc. # 85, filed 4/4/2014]. I held
a hearing on the Motion to Compel this afternoon and made rulings on the record, which are
incorporated here.
IT IS ORDERED:
(1)

The Motion to Compel [Doc. # 85] is GRANTED.

(2)

On or before April 30, 2014, the plaintiffs shall serve:
(i) Full and complete answers to the interrogatories, without objections,1 with

each interrogatory answered separately, in writing, and under oath, see Fed. R. Civ. P. 33(b); and
(ii) Full and complete responses to each request for production, without

1

All objections were waived because they were not timely asserted. See Fed. R. Civ. P.
33(b)(4).

objections.2 The responses must state that all responsive documents have been produced or are
being produced with the response, or that no responsive documents are in the plaintiffs’
possession, custody, or control, and must be signed by the plaintiffs under oath and by their
counsel.
(3)

On or before May 16, 2014, the plaintiffs must complete a second review of all

documents in their possession, custody, and control to assure that all responsive documents have
been produced. In connection with the second search, the parties shall work together to develop
an appropriate protocol to search the plaintiffs’ database.
(4)

On or before May 21, 2014, the plaintiffs shall serve supplemental responses to

each request for production, without objections. The supplemental responses must state that,
following the second search, all responsive documents have been produced or are being
produced with the supplemental responses, and must be signed by the plaintiffs under oath and
by their counsel.
(5)

On or before April 25, 2014, if at all, the defendant shall file a motion under Fed.

R. Civ. P. 37(d) for reasonable expenses, including attorneys fees, incurred in connection with
the Motion to Compel and caused by the plaintiffs’ failure to answer interrogatories and/or make
production of documents.
Dated April 18, 2014.
BY THE COURT:
s/ Boyd N. Boland
United States Magistrate Judge

2

All objections were waived because they were not timely asserted. See Fed. R. Civ. P.
34(b)(2).
2