Peraza v. Martinez et al

Filing 55

MINUTE ORDER Granting 44 Pro Se Incarcerated Plaintiff's Motion to Question Non-Party Witness Via Interrgatorie [sic] and Deposition Deadline Expansion Request. Granting 45 Pro Se Incarcerated Plaintiff's Motion to Amend His 9-9-15, Motion, Re: Exhibit 4. Discovery due by 11/13/2015. Dispositive Motions due by 11/30/2015. Scheduling Order 35 is amended. By Magistrate Judge Michael J. Watanabe on 10/7/2015.(emill)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 14-cv-03056-MJW
PAUL PERAZA,
Plaintiff,
v.
MARTINEZ,
KEMENA, and
UNITED STATES OF AMERICA,
Defendants.

MINUTE ORDER

Entered by Magistrate Judge Michael J. Watanabe
It is hereby ORDERED that the Pro Se Incarcerated Plaintiff’s Motion to Question
Non-Party Witness Via Interrgatorie [sic] and Deposition Deadline Expansion Request
(docket no. 44) is GRANTED.
It is FURTHER ORDERED that the Pro Se Incarcerated Plaintiff may serve
fifteen (15) interrogatories in total on the BOP video technicians that Defendants
identified to Plaintiff. The Pro Se Incarcerated Plaintiff may also depose the BOP video
technicians identified in Exhibit A by November 13, 2015. The Pro Se Incarcerated
Plaintiff shall comply with Fed. R. Civ. P. 30 and D.C.COLO.LCivR 30.1 when
scheduling and conducting these depositions.
It is FURTHER ORDERED that the discovery cut-off date is extended to
November 13, 2015, and the dispositive motion deadline is extended to November 30,
2015. The Scheduling Order (docket no. 35) is amended consistent with this minute
order.
It is FURTHER ORDERED that the Pro Se Incarcerated Plaintiff’s Motion to
Amend His 9-9-15, Motion, Re: Exhibit 4 (docket no. 45) is GRANTED.
On pages 2 and 3 in the Defendants’ Response (docket no. 54), the Defendants
state:
“Although Plaintiff has already served more interrogatories than permitted by the

Scheduling Order, to facilitate progress of this case, Defendants consent to
Plaintiff serving up to fifteen (15) interrogatories (in total) on the BOP video
technicians Defendant identified to Plaintiff. Defendants also consent to Plaintiff
being permitted to depose the BOP video technicians identified in Exhibit A by
November 13, 2015, so long as Plaintiff adheres to the guidelines in the Court’s
Scheduling Order.”
Although interrogatories to a non-party are not permitted under Fed. R. Civ. P.
33, I find that the parties are, in essence, stipulating to allow the Pro Se Incarcerated
Plaintiff to obtain discovery as listed above through interrogatories. Such stipulation is
approved, noting that the Plaintiff is Pro Se and incarcerated.

Date: October 7, 2015