Brooks v. Medina et al

Filing 140

COURTROOM MINUTES for proceedings held before Magistrate Judge Kathleen M. Tafoya: Motion Hearing held on 5/28/2015. Granting in part and denying in part 116 Motion to Compel. Mr. Brooks may serve 5 additional interrogatories and 5 additional requests for product and they shall be served on or before 6/22/2015. Discovery extended until 7/27/2015., Dispositive Motions extended until 8/27/2015. Final Pretrial Conference set for 8/19/2015 is VACATED and RESET for 10/27/2015 10:00 AM in C ourtroom C201 before Magistrate Judge Kathleen M. Tafoya. Plaintiff, or his case manager, shall arrange for his participation via telephone and shall call 303-335-2780 at the scheduled time. Parties shall file their proposed Final Pretrial Order no later than seven days before the hearing. FTR: Courtrom C-201. (amont, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Magistrate Judge Kathleen M. Tafoya
Civil Action No: 13-cv-02213-CMA-KMT
Courtroom Deputy: Amanda Montoya

Date: May 28, 2015
FTR: Courtroom C-201

Parties:

Counsel:

KEITH CLAYTON BROOKS, JR.,

Pro se (by phone)

Plaintiffs,
v.
DAVID GABRIEL, individually and in his official
capacity as Captain, CDOC,
TRISHA MATHILL-AARON, individually and in her
official capacity as Sergeant, CDOC
JAMES GILLIS, individually and in his official capacity
as Lieutenant, CDOC,

Jacob Massee

Defendant.

COURTROOM MINUTES

MOTION HEARING
1:34 p.m.

Court in session.

Court calls case. Appearances of counsel.
This hearing comes before the court in regards to Plaintiff’s MOTION [116] to Compel
Production of Documents and Reply to Defendant’s Objections to Discovery Materials. The
Plaintiff did not confer with the Defendant, therefore sanctions are not appropriate and will not
be considered. The court reviews the discovery requests with Mr. Brooks to better understand
what he is requesting and still missing.
ORDERED: Plaintiff’s MOTION [116] to Compel Production of Documents and Reply to
Defendant’s Objections to Discovery Materials is GRANTED in part and
DENIED in part as follows:
Request No. 1a: Granted in part and denied in part. Defendants are
directed to look through the redacted portions of the specific

performance evaluations for the two years provided and provide
supplementation in the event any of the evaluations noted specific
performance issues in the following areas: retaliation against any
prisoner; searches of prisoners; or detention of prisoners. These
supplements, if any, shall be produced by June 12, 2015.
Request No. 1b: Denied.
Request No. 1c: Granted in part and denied in part. The Defendants
shall obtain CDOC-maintained logs of their training records during
the time each has been employed by the CDOC as corrections officers.
No training materials will be produced.
Request No. 1d: Denied.
Request No. 1f: Denied.
Request No. 1h: Denied.
Request No. 1j: Granted in part and denied in part. Defendant shall
provide the audio recordings and records for the two disciplinary
proceedings that are a part of this case. This discovery shall be
produced by June 12, 2015.
Request No. 1m: Denied.
Request No. 1n: Mr. Brooks withdraws this request.
Parties have 10 days from today to file an objection to the court’s rulings. Mr. Brooks may file
an objection, however his main interest is in issuing some more narrowed requests given the
discussion with the court. The court advises the Plaintiff he has already exceeded his limitation
for discovery requests.
ORDERED: Mr. Brooks shall be allowed 5 additional interrogatories and 5 additional
requests for production for the purpose of narrowing his requests for specific
discovery items. Mr. Brooks shall serve this additional discovery on or
before June 22, 2015.
ORDERED: The discovery deadline is extended until July 27, 2015. The dispositive
motion deadline is extended until August 27, 2015.
The Final Pretrial Conference set for August 19, 2015 is VACATED and
RESET for October 27, 2015 at 10:00 a.m. Plaintiff, or his case manager,
shall arrange for his participation via telephone and shall call [phone]
at the scheduled time. The defendants shall prepare an opening draft of the
2

Proposed final pretrial order with their required information included
sufficiently in advance of the deadline for filing the proposed final pretrial
order that the defendant may insert his material into the proposed order in a
timely manner. The parties shall file their proposed Final Pretrial Order no
later than seven days before the hearing.
2:46 p.m.

Court in recess.

Hearing concluded.
Total in-court time 01:12
*To obtain a transcript of this proceeding, please contact Avery Woods Reporting at [phone].

3