Haskett v. Flanders et al

Filing 99

MINUTE ORDER by Magistrate Judge Kristen L. Mix on 6/30/15. Emergency Rule 37 Motion to Compel Discovery and Request for Sanctions # 95 is DENIED.(lgale, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 13-cv-03392-RBJ-KLM
PHILLIP DAVID HASKETT,
Plaintiff,
v.
GARY WOODROW FLANDERS,
Defendant.
_____________________________________________________________________
MINUTE ORDER
_____________________________________________________________________
ENTERED BY MAGISTRATE JUDGE KRISTEN L. MIX
This matter is before the Court on Defendant’s Emergency Rule 37 Motion to
Compel Discovery and Request for Sanctions [#95] (the “Motion”). Defendant served
written discovery requests on Plaintiff on May 18, 2015. Motion [#95] at 2. However,
Plaintiff has thirty days in which to respond to written discovery, see Fed. R. Civ. P.
33(b)(2), 34(b)(2)(A), 36(a)(3), and the discovery deadline (with one immaterial exception,
see Order [#93]) expired on May 22, 2015. See [#74]. Defendant therefore did not serve
his written discovery requests on Plaintiff in a timely manner, i.e., thirty days or more before
the discovery deadline. Accordingly,
IT IS HEREBY ORDERED that the Motion [#95] is DENIED.

Dated: June 30, 2015