Gordon v. Rice

Filing 36

MINUTE ORDER finding as moot 34 Motion for Order; denying 35 Motion to Compel (public entry for 29 -restricted document). by Judge R. Brooke Jackson on 12/17/2013.(trlee, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge R. Brooke Jackson
Civil Action No 13-cv-00514-RBJ
DEANNA GORDON,
Plaintiff,
v.
DONALD RICE,
Defendant.

MINUTE ORDER

Entered by Judge R. Brooke Jackson on December 17, 2014

The Court has reviewed the Defendant’s Motion to Compel Releases and/or Records at
Docket #29 and the Plaintiff’s Unopposed Motion for Extension of Time to Respond to
Defendant’s Motion to Compel Releases and/or Records at Docket #34.
The Court denies the motion to compel [#29] and finds that the motion for extension of
time [#34] is moot. The Court is denying the motion to compel for procedural reasons. It does
not appear to the Court that the defendant complied with local rule 7.1A. Paragraph 1 of the
motion to compel [#29] indicates that the parties have exchanged correspondence and emails.
That is not compliance. The rule creates a duty to confer. Having said that, I also note the
following. A 29-page motion to compel in a simple auto accident case, supported by 254 pages
of exhibits, is overkill. However, a plaintiff who brings a personal injury case must produce all
medical records related to treatment of the injuries and any pre-existing similar injuries. The
Court will view her obligation to produce medical information broadly. Also, she generally must

produce employment and financial records that are relevant to her claim for lost earnings. The
personal information in the records may be produced subject to a protective order, e.g., that the
defendant may use them only for purposes of this case and must return or destroy the records
when the case is concluded. But, there should be no reluctance to produce medical and financial
records, and the Court will consider sanctions for failure to make reasonable responses to
discovery in that regard. The Court orders counsel to confer, either in person (the best way; for
example, you could meet for coffee or lunch) or, at a minimum, by telephone, before December
31, 2013. The Court further orders counsel to cooperate in good faith in terms of (1) what
records and information defendant truly needs; and (2) full and complete production of records
that are relevant to plaintiff's damages claims. If, after that process, defendant still needs to file a
motion to compel, it will be due on January 3, 2014 and limited to 10 pages. Plaintiff's response
will be due on January 10 and limited to 10 pages. Defendant's reply will be due January 15 and
limited to three pages.