Garcia v. Landreth et al.

Filing 24

MINUTE ORDER granting 20 Motion for Protective Order by Magistrate Judge Michael J. Watanabe on 10/7/13.(dkals, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO

Civil Action No. 13-cv-00843-WJM-MJW
DANIEL GARCIA,
Plaintiff,
v.
RYAN LANDRETH, in his individual capacity,
CINDY GOMEZ, in her individual capacity,
EVAN GARCIA, in his individual capacity,
BRYAN KONCIJILA, in his individual capacity,
IRENE BASTA, in her individual capacity,
ANNA GUAGLIARDO, in her individual capacity, and
JASON RAGAN, in his individual capacity,
Defendants.
MINUTE ORDER
Entered by Magistrate Judge Michael J. Watanabe
It is hereby ORDERED that the Defendant’s Motion for Protective Order (Docket
No. 20) is GRANTED for the following reasons. Plaintiff’s First Set of Interrogatories is
STRICKEN. Each party shall pay their own attorney fees and costs for this motion.
Plaintiff has exceeded the permissible interrogatories as permitted under the
Rule 16 Scheduling Order (Docket No. 13). In the Rule 16 Scheduling Order, this court
has permitted only 25 interrogatories per side and not per party. See paragraph 8 a.
in the Scheduling Order (Docket No. 13). Moreover, this court has allowed 10
depositions per side exclusive of experts which allows the Plaintiff a fair opportunity to
depose each of the named defendants. After much discussion between the court and
the parties at the Rule 16 Scheduling Conference held on May 29, 2013, this court
found that limitations of discovery as reflected in the Rule 16 Scheduling Order (Docket
No. 13) entered by this court is proportional to the needs of this case, considering the
amount in controversy, the importance of the issues at stake in this action, the parties’
resources, the importance of the discovery in resolving issues, and, most significantly,
whether the burden or expense of the proposed discovery outweighs its likely benefit.
For these reasons, the subject motion (Docket No. 20) should be granted.
Date: October 7, 2013