Edmond v. Broadmoor Hotel, Inc. et al

Filing 37

MINUTE ORDER by Magistrate Judge Kristen L. Mix on 1/16/15. Motion to Compel Initial Disclosures and Discovery Responses [#35] is GRANTED in part and DENIED without prejudice in part. (lgale, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 13-cv-03262-RBJ-KLM
MICHAEL SEAN EDMOND,
Plaintiff,
v.
BROADMOOR HOTEL, INC.,
Defendant.
_____________________________________________________________________
MINUTE ORDER
_____________________________________________________________________
ENTERED BY MAGISTRATE JUDGE KRISTEN L. MIX
This matter is before the Court on Defendant’s Motion to Compel Initial
Disclosures and Discovery Responses [#35] (the “Motion”). Plaintiff did not file a
Response. Despite numerous attempts to confer with Plaintiff and obtain from him (1) the
initial disclosures required under Fed. R. Civ. P. 26(a)(1) and (2), and (2) responses to
Defendant’s first set of written discovery, Plaintiff has been unresponsive. As Defendant
summarizes: “[O]ther than filing his complaint, responding to a show cause order, and
attending the scheduling conference [held on October 20, 2014], Plaintiff has not
participated in this case.” Motion [#35] at 4. Pursuant to Fed. R. Civ. P. 37(a), Defendant
seeks an order compelling Plaintiff to provide the disclosures and responses, as well as
monetary sanctions.
IT IS HEREBY ORDERED that the Motion [#35] is GRANTED in part and DENIED
without prejudice in part. The Motion is granted to the extent that Plaintiff is ordered to
provide his initial disclosures and responses to Defendant’s first set of written discovery on
or before February 2, 2015. Failure to comply with the deadline set forth in this order
and to further participate in this lawsuit will subject Plaintiff to sanctions, which may
include dismissal of his case. The Motion is denied without prejudice to the extent that
Defendant seeks an award of attorneys’ fees and costs under Fed. R. Civ. P. 37(a)(5).
Defendant may renew its request after the deadline set by the Court for Plaintiff to provide
his initial disclosures and responses to Defendant’s first set of written discovery. If
Defendant renews this request, Defendant shall comply with D.C.COLO.LCivR 54.3.
Dated: January 16, 2015