Martinez v. Fordyce Auto Center, Inc. et al

Filing 43

MINUTE ORDER granting 40 Motion to Compel Responses to Requests for Admissions Nos. 1-3 and Requests for Production of Documents Nos. 13-14 Pursuant to F.R.C.P. [sic] Fed. R. Civ. P. 37, by Magistrate Judge Michael J. Watanabe on 2/26/2015.(slibi, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 14-cv-01428-REB-MJW
JOSE MARTINEZ,
Plaintiff(s),
v.
FORDYCE AUTO CENTER, INC., and
GORDON FORDYCE,
Defendant(s).
MINUTE ORDER
Entered by Magistrate Judge Michael J. Watanabe
It is hereby ORDERED that Defendant Fordyce Auto Center, Inc.’s Motion to
Compel Responses to Requests for Admission Nos. 1-3 and Requests for Production of
Documents Nos. 13-14 Pursuant to F.R.C.P. [sic] Fed. R. Civ. P. 37 (docket no. 40) is
GRANTED for the reasons stated below.
In this case, Plaintiff is seeking lost past wages and future wage loss. I find that
discovery concerning Plaintiff’s immigration status is discoverable in a personal injury
case since such discovery is relevant on the issue of lost income. See Romero v.
Reiman Corp., 2011 WL 11037890 (D. Wyo. Dec. 21, 2011); Silva v. Wilcox, 223 P.3d
127, 131 (Colo. App. 2009). For this reason, the subject motion (docket no. 40) should
be granted.
It is FURTHER ORDERED that Plaintiff shall provide to Defendant Fordyce Auto
Center, Inc., full and complete responses to Request for Admissions Nos. 1, 2, and 3
and Request for Production Nos. 13 and 14 on or before March 13, 2015. Each party
shall pay their own attorney fees and costs for the subject motion (docket no. 40) since
this court finds that under these circumstances an award of expenses would be unjust.
Date: February 26, 2015