Samuels v. Davis et al

Filing 9

ORDER by Magistrate Judge Kristen L. Mix on 11/3/14. Renewed Motion for Limited, Expedited Discovery Concerning Identities of Defendants and Request for Forthwith Determination 8 is GRANTED. Plaintiff may serve three interrogatories on the identified Defendants within seven (7) days of the date of this Order. Defendants shall respond within seven (7) days of receiving Plaintiff's three interrogatories. (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.
_____________________________________________________________________
ORDER
_____________________________________________________________________
ENTERED BY MAGISTRATE JUDGE KRISTEN L. MIX
This matter is before the Court on Plaintiff’s Renewed Motion for Limited,
Expedited Discovery Concerning Identities of Defendants and Request for Forthwith
Determination [#8] (the “Motion”).1 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). Plaintiff seeks expedited
discovery to obtain the identities of certain potential defendants to add to this lawsuit:
1

The Court may rule on a Motion at any time after it is filed. D.C.COLO.LCivR 7.1(d).

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The Buena Vista Correctional Center [“BVCC”] is believed to have several
unknown nurses, detention officers, and/or supervisory staff who likely
participated in the chain of decisions relating to Plaintiff’s denial or delay in
access to appropriate medical care during November and December 2012,
including individuals that Plaintiff has identified in BVCC records associated
with BVCC user IDs adhiltz, bjkaspar, and mreglint; BVCC employees
responsible for approving and/or scheduling medical surgeries for BVCC
inmates; and BVCC employees responsible for obtaining, reviewing, or
transmitting [Plaintiff’s] medical records to appropriate medical and/or
supervisory personnel.
Motion [#8] at 3. The Court finds that Plaintiff has provided sufficiently specific information
to allow for limited expedited discovery at this stage of the case in order to identify certain
John and Jane Doe defendants. Therefore, the Court finds that Plaintiff has shown the
requisite good cause. Accordingly,
IT IS HEREBY ORDERED that the Motion [#8] is GRANTED. Plaintiff may serve
three interrogatories on the identified Defendants within seven (7) days of the date of this
Order. Given the pending statute of limitations issue identified by Plaintiff, Defendants shall
respond within seven (7) days of receiving Plaintiff’s three interrogatories.

Dated: November 3, 2014

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