Samuels v. Davis et al

Filing 7

MINUTE ORDER by Magistrate Judge Kristen L. Mix on 10/30/14. Motion for Limited, Expedited Discovery Concerning Identities of Defendants and Request for Forthwith Determination 6 is DENIED without prejudice. (lgale, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 14-cv-02588-KLM
KENDRICK SAMUELS,
Plaintiff,
v.
JOHN L. DAVIS,
PATRICIA BALDWIN,
KERRI BARONI,
RICHARD FISHER,
SGT. JOHNSON,
KERRY BYNES,
THOMAS C. FISHER, M.D.,
CHRISTINE STURGEON, N.P.,
VALERIE EGLEY, R.N., and
JOHN AND JANE DOES,
Defendants.
_____________________________________________________________________
MINUTE ORDER
_____________________________________________________________________
ENTERED BY MAGISTRATE JUDGE KRISTEN L. MIX
This matter is before the Court on Plaintiff’s Motion for Limited, Expedited
Discovery Concerning Identities of Defendants and Request for Forthwith
Determination [#6] (the “Motion”). Pursuant to Fed. R. Civ. P. 26(d), discovery may be
conducted before the Rule 26(f) conference if authorized by court order. “In this district,
courts have permitted such expedited discovery upon a showing of good cause.” Liberty
Media Holdings, LLC v. Colo. Members of Swarm, No. 11-cv-01170-WJM-KMT, 2011 WL
1812554, at *1 (D. Colo. May 12, 2011) (citations omitted). Although Plaintiff seeks
expedited discovery to obtain the identities of certain potential defendants to add to this
lawsuit, there is no indication in the Motion as to who those persons may be. In other
words, Plaintiff merely states that there are “missing Defendants” without providing the
Court with more concrete information, such as indicating that there was an unidentified
correctional officer who did something to Plaintiff on a given day, or that there was an
unidentified nurse who failed to do something for Plaintiff on a given day. The Court will
not allow Plaintiff a blank check for early discovery absent more specific information. The
Court finds that Plaintiff has failed to show good cause. Accordingly,
IT IS HEREBY ORDERED that the Motion [#6] is DENIED without prejudice.
Dated: October 30, 2014