Handy, Jr. v. Guerrero-Diaz et al

Filing 112

COURTROOM MINUTES/MINUTE ENTRY for proceedings held before Magistrate Judge Michael E. Hegartygranting in part and denying in part 96 Second Motion to Compel. Motion Hearing held on 1/7/2016. FTR: Courtroom A501. (mdave, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Magistrate Judge Michael E. Hegarty
Civil Action No:
Courtroom Deputy:

1:14-cv-03291-WYD-MEH Date: January 7, 2016
Molly Davenport
FTR: Courtroom A 501

Parties:

Counsel:

WYATT T. HANDY, JR.

Pro se

Plaintiffs,
v.
PATRICIA GUERRERO-DIAZ
KELLY LEHMAN
SAHIB BROWN

Ann Smith

Defendant.
COURTROOM MINUTES
MOTION HEARING
10:33 a.m.

Court in session.

Court calls case. Pro se plaintiff and counsel for the defendant appeared by telephone.
[96] Second Motion to Compel Discovery by Plaintiff is GRANTED IN PART AND DENIED
IN PART as follows:
Following discussion regarding Request for Production #7 and Request for Production #8
(documents related to Arrowhead Correctional Center) IT IS ORDERED that the motion is
denied; the plaintiff can obtain these documents by issuance of a subpoena.
Following discussion regarding Request for Production #11 (all grievances against defendants)
IT IS ORDERED THAT counsel for the defendant will determine what type of system is used
for filing grievances and will send a letter to the court and the plaintiff regarding same. The
court will issue an additional order at that time regarding grievances which object to (1) use of
religion in the sessions or material and (2) mandatory participation in the counseling program.
Following discussion regarding Request for Production #15 (plaintiff’s chronological log) IT IS
ORDERED that counsel for the defendant will request an unredacted copy (for the requested
dates) of this document from CDOC. If CDOC does not produce this document, the plaintiff can
request it by issuance of a subpoena.

Following discussion regarding Interrogatory #4 (whether there are “management and operational
problems at CMRC”) IT IS ORDERED that the use of the term “problems” is overbroad thus making this
interrogatory vague.

Following discussion regarding Interrogatory #12 (why inmates do not receive achievement
earned time for completing the PPC program) IT IS ORDERED that the request to compel a
response is DENIED.
Following discussion regarding Interrogatory #23 (if offenders are being placed in the PPC
program involuntarily) IT IS ORDERED that the defendant is to respond based on personal
knowledge whether or not the defendant knows if the parties are in the program involuntarily or
not.
Following discussion regarding Interrogatory #25 (what religion is the defendant Brown) IT IS
ORDERED that if the defendant has identified with any religion in any document in the control
of CDOC, counsel is to produce that document.
11:37 a.m.
Court in recess.
Total in-court time 01:04

Hearing concluded.

*To obtain a transcript of this proceeding, please contact Stevens-Koenig Reporting at [phone].

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