Martinez v. Health Care Partners Foundation Inc.

Filing 57

MINUTE ORDER by Magistrate Judge Kristen L. Mix on 8/18/15. Plaintiff[']s First Request for Production of Documents # 54 is DENIED. IT IS FURTHER ORDERED that the Declaration # 56 is STRICKEN. (lgale, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 14-cv-02399-RM-KLM
MICHAEL ANGELO MARTINEZ,
Plaintiff,
v.
HEALTH CARE PARTNERS FOUNDATION, INC.,
Defendant.
_____________________________________________________________________
MINUTE ORDER
_____________________________________________________________________
ENTERED BY MAGISTRATE JUDGE KRISTEN L. MIX
This matter is before the Court on Plaintiff[’]s First Request for Production of
Documents [#54]1 (the “Requests for Production”) and on the Declaration of Michael A.
Martinez [#56] (the “Declaration”).
The Requests for Production were docketed by the Clerk of the Court as a motion
and referred to the undersigned for disposition [#55]. However, the Requests for
Production do not request relief from the Court. Instead, the Request for Production are
discovery requests directed to Defendant. Requests for Production [#54] at 1. Therefore,
to the extent the Requests for Production were docketed as a motion and require a ruling
from the Court, the Court will deny the Requests for Production.
The Declaration is a sworn statement made by Plaintiff regarding the facts of this
case. However, the Declaration was not filed as an exhibit to a motion or in support of a
motion. Instead, it was filed as a stand-alone document. It is unclear why this document
was filed at this time, particularly given that Plaintiff’s Amended Complaint [#52] was
accepted for filing on August 11, 2015. Accordingly, the Court will strike the Declaration.
If Plaintiff files a motion or response to a motion that relies on facts and exhibits, he may
file a declaration as an exhibit at that time.
For these reasons,

1

“[#54]” is an example of the convention I use to identify the docket number assigned to
a specific paper by the Court’s case management and electronic case filing system (CM/ECF). I
use this convention throughout this Minute Order.

1

IT IS HEREBY ORDERED that the Requests for Production [#54] are DENIED.2
IT IS FURTHER ORDERED that the Declaration [#56] is STRICKEN.
Dated: August 18, 2015

2

The Court may rule on a pending motion at any time. D.C.COLO.LCivR 7.1(d).

2