Henkel v. Albertsons, LLC

Filing 37

MINUTE ORDER granting 28 Motion to Compel. By Magistrate Judge Michael J. Watanabe on 04/14/2015. (athom, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 14-cv-02217-CMA-MJW
REBECCA HENKEL,
Plaintiff,
v.
ALBERTSONS, LLC, a limited liability corporation formed pursuant to the laws of
Delaware,
Defendant.
MINUTE ORDER
Entered by Magistrate Judge Michael J. Watanabe
It is hereby ORDERED that Plaintiff’s Motion to Compel Discovery Responses
Pursuant to F.R.C.P. 37 (Docket 28) is GRANTED, as follows:
•

Defendant shall make the online training program at issue in the motion
available to plaintiff either (1) by requesting a copy (on tape, disc, or other
medium) from its third-party vendor, or (2) making the program available
for viewing by Plaintiff’s counsel on a computer capable of capturing the
program in a recording, such as the “Snag It” program proposed by
Plaintiff.

•

Defendant shall provide documents regarding the contractual relationship
with Cintas at issue in the motion.

Both of these productions of documents shall be completed within 21 days from the
date of this order (i.e., May 5, 2015). The Court finds that Defendant’s failure to
produce responses thus far has been substantially justified and that an award of fees
and expenses would be unjust on these circumstances. Accordingly, each party shall
bear its own fees and expenses as to this discovery motion.
Date: April 14, 2015